Man vexed by iOS 7; accuses Apple of ‘corporate thuggery', sues CEO

The rollout of iOS 7 to Apple devices around the world has been going very well indeed, with adoption of the latest OS proceeding faster than any previous version, by some accounts. That’s not to say that the launch of iOS 7 has been entirely successful – there have been reports of various bugs throughout the OS, for example, along with iMessage failures and security concerns, while it has been claimed that apps crash twice as frequently on iOS 7 compared with its predecessor.

So it was perhaps only a matter of time before customers turned to legal options in frustration. As CNET reports, iOS user Mark Menacher has filed a claim against Apple’s CEO, Tim Cook, in the Superior Court of California.

His claim specifically requests the removal of the iOS 7 installation file, which downloads itself to devices and prompts users to install and upgrade to the latest OS version. This behaviour is no different to how iOS 5 and 6 were delivered to devices; however, the major user interface changes in iOS 7 – perhaps in addition to bugs and app crashes – are likely behind Menacher’s decision to take legal action.

But why take action against Tim Cook specifically, and not Apple as a company? Menacher explained: “Apple’s disregard for customer preferences in relation to iOS 7 is corporate thuggery. [Former Apple CEO] Steve Jobs was reportedly rough on company employees in pursuit of happy customers, but Tim Cook apparently cultivates a culture of contempt for customer satisfaction in pursuit of corporate profits. It is a policy that will eventually fail.”

Menacher’s action against Tim Cook asks only for a means to remove the iOS 7 installation file, along with $50 (yes, fifty - that's not a typo) in compensation. The file remains on devices, occasionally reminding users to upgrade, until it is installed. For users who, for whatever reason, wish to avoid or defer upgrading, that can take up a considerable amount of available storage space, particularly on devices with more limited storage.

Source: CNET | image via Apple

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*shrug*

Apple has released tons of crappy, crashy software in the past. The only reason outrage is suddenly so loud and visible is because Jobs is no longer at the helm.

One does not speak ill of the king. Apple was not a company selling products when Steve Jobs was there; they were a fraternity opening a path to a higher state of being.

But now there's another non-Jobs CEO and questionable decisions and low quality can't be brushed aside as just a consequence of the journey to perfection. The target of unconditional love is gone, and suddenly everyone is looking at their merchandise the same way Windows users have looked at Quicktime for 15 years.

This is kind of like Sony lawsuit where there took away features with a firmware update from the console. Yeah they took away features but judge ruled that it was okay them to do that. Same thing will happen here.

I know how this guy feels and given the opportunity there is nothing more that I would love to do than remove IOS7 from my iPhone and just wish that I had never installed it.

I used to trust Apple, but I updated and after it was installed I played around with it and instantly realised that it was turning my phone into a slug of a device - but no problem I thought and all I had to do was roll back... trying to do that took ages and then it blue screened my PC and then when I rebooted the iPhone went through a reinstall again and came back with IOS7 and then I tried to roll back again and that only resulted in my PC being blue screened again after some dire message dialogs from iTunes about things going totally wrong and then when I rebooted my PC my iPhone yet again went through a re-install and I ended up back with IOS7... and guess what happened when I tried the 3rd time.

So I am stuck with this abomination Apple reckon is perfection but which I know is complete and utter crap and the worst operating system I have ever seen on any phone. I bought the iPhone because it was a nice piece of hardware with a fast and responsive OS and in one simple step Apple turned it into a device I wish I no longer owned and will pay out serious money to be divorced from because it no longer does what I bought it to do.

I don't know what I will buy yet, but it will not have Apples name on it - that's the one thing I know beyond all possible doubt.

After Apple releases a new iOS version, they stop signing the previous version and do not allow rolling back. In fairness, I think the other mobile OSes do the same.

I should point out, Android is the OS that auto-downloads its self even if you do not want the update. It does NOT install until you press UPDATE but it is in fact downloaded automatically on Google nexus devices. Why are all you Android fans upset at something that apple is alleged to do when its actually what your Android does? You guys make no sense at all sometimes.

On most Android devices you have the option of turning off automatic updates, therefore only downloading or installing when you choose to. I haven't used a Nexus, but I have used several others and it's always been this way. Also, integrated (as well as third-party, if you choose) file manager apps mean any unwanted files sitting around can be deleted.

Durp Wrong I have a nexus 7 and the update (4.3) only downloaded after I clicked download and install update it did however notify me that it was there

Athlonite said,
Durp Wrong I have a nexus 7 and the update (4.3) only downloaded after I clicked download and install update it did however notify me that it was there

i have 2 nexus 7's + and 2 (1 mine 1 daughters) nexus 4's + nephew's nexus 4 + 2 parents nexus 4's.... all auto downloaded...

rippleman said,

i have 2 nexus 7's + and 2 (1 mine 1 daughters) nexus 4's + nephew's nexus 4 + 2 parents nexus 4's.... all auto downloaded...

Settings > About Device > Update > Untick the "auto update" box

Charisma said,

Settings > About Device > Update > Untick the "auto update" box
yes, it is there, but on all the devices, it was default factory chosen, which would be considered "auto download"... the only thing i was pointing out is the fact that the android fanboys that are screaming "this is horrible" is something these devices do too. Much fuss about nothing.

It's sensible on their parts to have it auto-update by default--I would think most people don't mind staying up to date. All OS's do this. The difference lies in whether it allows you to turn this feature off. I think the complaint here is that it can't be turned off in iOS? If not, my mistake, I may have read it wrong. Android has always been about giving users more options, though, so it wouldn't surprise me.

Mandosis said,
The update is not forced upon anyone. It gives you an option to update if you WANT to.
most here (Android fans here mostly) will never understand this...

Can only hold out on iOS6 so long anyway. Unless someone plans to jump ecosystems, best get use to iOS 7 now.

Having used iOS since the 3GS days, iOS 7 is certainly a jump in design direction. However you quickly get over it, and I am quite enjoying the changes. The only thing I dislike is this 'text as buttons' thing. It looks messy.

The update isn't forced. The download is. If your device is connected to WiFi it will be pushed without asking. Then you either install it or watch it sit there taking up valuable space.

protocol7 said,
The update isn't forced. The download is. If your device is connected to WiFi it will be pushed without asking. Then you either install it or watch it sit there taking up valuable space.

do you actually own an iDevice? In my house I have an ipad2, and an ipod4, in my business, i have an iphone 4, and a couple ipad 3's... on each device their was NO AUTOMATIC DOWNLOAD. To even research more, people that I know that also have iDevices, I checked on the ones that DIDN'T update yet and same thing, NO AUTODOWNLOAD. That's 100% ratio for me so far on about 20 devices from what I have seen. I am not saying you are lying, but I am saying you are wrong.

rippleman said,
most here (Android fans here mostly) will never understand this...

lol that cause most Andriod phones dont have updates for there phone.

rippleman said,

do you actually own an iDevice?

Yes. I even mentioned it in a post further up. My iPad 4 downloaded the update automatically. The iPod 4 is not supported by iOS 7 so you wouldn't get any automatic download on that (I have one as well).

Looked it up again. It will auto-download if the device is connected to wifi AND power.

Edited by protocol7, Oct 22 2013, 12:30am :

protocol7 said,

Yes. I even mentioned it in a post further up. My iPad 4 downloaded the update automatically. The iPod 4 is not supported by iOS 7 so you wouldn't get any automatic download on that (I have one as well).

Looked it up again. It will auto-download if the device is connected to wifi AND power.

i 100% stand corrected, i realized about the ipod 4 just as you said it, and all the other examples just must not have been power +wifi same time.

mine did not download automatically... if you DON'T want it, just simply do not press the "download and update" button... so simple i bet anyone can do it (although it seems many on this board do not know how to NOT press a button)

apple almost executed the copying of windows correctly, except they forgot they had to make the OS perform faster and more efficient, not slower and more bloated.

This appears to be Microsoft's new business model, as they emulate Apple more and more with their hardware and Operating Systems.

TsarNikky said,
This appears to be Microsoft's new business model, as they emulate Apple more and more with their hardware and Operating Systems.

What the hell does Microsoft have to do with this article?

Trollers gonna troll.

TsarNikky said,
This appears to be Microsoft's new business model, as they emulate Apple more and more with their hardware and Operating Systems.

...?

McKay said,
But does Windows 8.1 automatically download itself and wait for you to install it?

I don't think the fact that iOS 7 is automatically downloaded is the issue. In fact, in most cases such behavior will be rather helpful. The problem is more that you don't seem to have the option to *disable* that mechanism, or delete the data, once it has been downloaded.

Apple probably wants to get everyone on board the iOS7 train though...

CSheep said,

I don't think the fact that iOS 7 is automatically downloaded is the issue. In fact, in most cases such behavior will be rather helpful. The problem is more that you don't seem to have the option to *disable* that mechanism, or delete the data, once it has been downloaded.

Apple probably wants to get everyone on board the iOS7 train though...

The download is an issue for those running out of storage on their idevice

TsarNikky said,
This appears to be Microsoft's new business model, as they emulate Apple more and more with their hardware and Operating Systems.
Windows Phone will not download any updates, including OS updates unless you specifically tell it to. It will put up the notifier that an update is available when it initially is and then just wait for you to start the update download whenever you want to. If you would not want to you can just ignore it.

ians18 said,
The download is an issue for those running out of storage on their idevice

This is why I think they should let you disable the mechanism and also allow you to delete any data that's already been downloaded.

paulheu said,
Windows Phone will not download any updates, including OS updates unless you specifically tell it to. It will put up the notifier that an update is available

Note that there are certain advantages to having it be automatically downloaded though. For example, I recently visited my parents who have sort of a slow internet connection over which it would have taken in excess of an hour to download the update. Yet when my father wanted me to update his phone to iOS7 I was able to press a button and it immediately started the installation because it had been downloaded in the background at some point without him having to do anything or even being notified about it. In that case, the mechanism actually made for a better experience.

FloatingFatMan said,

What the hell does Microsoft have to do with this article?

Trollers gonna troll.

Well it is TsarNikky, our resident Windows 8 troll.

Tbh his trolling powers are weakening, expected his response far earlier

TsarNikky said,
This appears to be Microsoft's new business model, as they emulate Apple more and more with their hardware and Operating Systems.

What app are you using to generate these jokes?

TsarNikky said,
This appears to be Microsoft's new business model, as they emulate Apple more and more with their hardware and Operating Systems.

I didn't realise Apple had combined iOS and OSX into one OS?

Or that MS forced updates?

It seems that there are different claims from various analysts and firms regarding adoption rate. I've edited the article to reflect this. Thanks for pointing it out.

stevan said,
The article starts with an error. iOS 7 adaption rate is lower than that of iOS 6.

Your post contains an error too.

I have a little over 1GB free on my iPad and this update sitting there eating up space isn't helping. It would be nice if it could be removed and then downloaded when I want it.

IOS 7 is pure rushed crap. A lot of important stuff does not work, like web page dialogs when you add a website to home screen.

PmRd said,
IOS 7 is pure rushed crap. A lot of important stuff does not work, like web page dialogs when you add a website to home screen.

Well iOS doesn't work for devices that are designed for Windows Phone, so that explains your problems

psionicinversion said,
sounds reasonable to me, it shouldnt be forced on you

especially on older devices where it may have a significant impact on the resulting performance.

Of course, you aren't actually forced to install the update, but Apple should still allow one to delete the automatically downloaded installation data.

psionicinversion said,
probably get spammed with annoying notifications saying update to iOS 7

I don't think that's true, but like I said, I agree that Apple should allow you to delete any automatically downloaded files pertaining to the update.

it shouldnt even be automatically downloaded in the first place, you should have the option of downloading the update that way if your device isnt going to have a ton of space eaten up

psionicinversion said,
it shouldnt even be automatically downloaded in the first place, you should have the option of downloading the update

Agreed. You should be able to deactivate the automatic downloading of updates.

CSheep said,

especially on older devices where it may have a significant impact on the resulting performance.

Of course, you aren't actually forced to install the update, but Apple should still allow one to delete the automatically downloaded installation data.

My iPhone 4 runs far slower on iOS 7. I'm also unfortunate enough to have an 8GB iPhone and it ****ed me off having to wipe my phone, just to put on an update that I didn't particularly want. I'm not too bothered about the change in UI, but they should have made a bit of a song and dance about the new interface, it did take me a little while to get used to. However, I know for a fact it is a nightmare for a lot of people who don't appreciate such drastic change on what can be a vital device, especially the less tech savvy.

I'm also experiencing issues with my 3G completely disappearing unless I restore my phone... but after a couple of days it disappears again, but that could be down to 'technically' a recent change in carrier (from Orange on contract to T-Mobile on PAYG). I'm already looking to move to a Lumia in the near future as my iPhone has started trying to shut itself down every morning, but this was occurring on iOS 6 as well, so it's more likely a hardware issue.

I'd be a little annoyed if I had an 8 or 16GB iPhone and had an unwanted 3GB update constantly sat there taking up space.

He can't even restore from a previous backup because the second his iPhone detects he doesn't have iOS 7 downloaded, it'll download it again, potentially leaving him with a tiny amount of space.

At least he isn't suing for millions and millions, just $50 and the ability to not download the update. His voice will be heard more than if he merely bitched about it online.

McKay said,
I'd be a little annoyed if I had an 8 or 16GB iPhone and had an unwanted 3GB update constantly sat there taking up space.

He can't even restore from a previous backup because the second his iPhone detects he doesn't have iOS 7 downloaded, it'll download it again, potentially leaving him with a tiny amount of space.

At least he isn't suing for millions and millions, just $50 and the ability to not download the update. His voice will be heard more than if he merely bitched about it online.

its not 3 gigs, mine was 706 megs,,, 3 gigs would be required for temporary uncompressing, file replacement/switching, and install.