August 22nd, 2008
Why Diss Jessica Smith for Suing Apple Over the iPhone 3G?
By Michael Santo
Editor-in-Chief, RealTechNews
After writing about Alabama resident Jessica Alena Smith’s lawsuit against Apple, I was surprised by some of the negative comments over the lawsuit. For example, this one:
This woman is a venomous money sucker.
She’s not thinking how she can get a better product, though.
She’s just seeing $$$ in her eyes.
First of all, she wants this lawsuit to be granted class-action status. Anyone know how much money is typically made off a class-action lawsuit? Take a look at a different Apple class-action lawsuit: the iPod battery lawsuit. The settlement over that really made people rich, right?
In that case, the best you could get, if your 3rd-gen iPod’s battery failed during the warranty period (including a one-year extension), was a replacement iPod. Wow, I’m rich! Most others received $25 or $50.
This isn’t a lawsuit that’s going to garner a huge settlement. Anyone who thinks it will is dreaming, and people (there are other posts like the above around the Web) who thinks she’s after money are … quite honestly, being pretty silly (and that’s me being nice; I have a few different words I could use).
Twice as Fast. Half the Price.
There are also many who say, hey, the phone’s half the price; there’s no false advertising. And when 3G works, it is twice as fast.
Well, yeah, that’s right. It is. When it works. But many, including me, have given up on 3G completely and switched to EDGE all the time. And since we are paying $10 a month more for our data plans than the EDGE plans of first-gen iPhones, we’re basically getting shafted.
Oh, and that half the price part of the ad? Completely off. Once you add in the $10 a month extra for the data plan, and the $5 for SMS (it was included in first-gen iPhone service plans), you pay more for the 3G phone over the two-year contract. Once again, I’m amazed by how people just hear something, and believe it, without thinking.
Don’t Like It? Ditch It
Naturally, there are those who say: don’t like the phone, return it. Thing is, most love the phone. They just want what they paid for. And it’s not just a question of the phone itself; I might even be willing to live with it in EDGE all the time, but I’m paying that $10 a month I keep mentioning for the non-existent 3G service.
Works Fine for Me
And for those who say: “it works just fine for me?” It’s been theorized that areas with a higher concentration of 3G mobile phones (like the SF Bay Area, where I live) have a much higher probability of having the issue.
It’s AT&T’s Lousy 3G Network
Finally, I’m just amazed at how many people continue to either a) discount the problem, b) continue to blame AT&T.
First, it’s definitely a problem. There have been too many reports, and if major media outlets like the New York Times, USA Today, Wall Street Journal pick up on it … it’s a real problem.
Second, it’s been reported worldwide, and in areas of the world with much more mature 3G service than the U.S. Kinda hard for it to be AT&T’s fault if it’s happening to Vodafone and T-Mobile users.
Third, I work in mobile phones. I can stick six different AT&T 3G phones on my desk, right next to an iPhone (and I’ve tried several iPhones, as we are working with them) and see the iPhone have 1 bar while the bars on the other phones are full. And this will happen at both home and work.
In fact, while I only had two other phones today (a Q9h and a Treo Pro), I did put them side by side with an iPhone. Check out the result by clicking the above image. FYI: I blurred out some stuff that might be work-sensitive.
My Big Worry: a Fake Fix
Here’s my big worry. Since I work on mobile phone software, I know what’s been done in the past with problems with phones. It seems like the iPhone 3G has much lower 3G signal strength in the same area than other 3G phones do. If it downshifted to EDGE instead of just sitting with 1 bar, it would perform just fine … but wouldn’t be in 3G. The big disadvantage of this, beside the fact users are paying $10 more for 3G, is that you can’t use voice and data at the same time.
And of course, as pictured above, other 3G phones would be working just fine in that same area.
So, if Apple “fixed” the software to do this, it might satisfy users, but it would be a false fix. It wouldn’t really fix the true problem: much lower 3G signal strength compared to other 3G phones. Whether that can be fixed with software or not, I don’t know. If it can’t, Apple should do a recall.
Don’t get me wrong, though. That’s my fear, not my expectation. But, I’ll tell you, with those six (really more) phones I have available, when Apple releases a fix, I’ll be able to check it. And it turns out to be what I fear, I’ll be on the phone to Smith’s lawyers, the New York Times, and anyone who will listen so fast your head will spin.
So stop dissing her. Someone had to do it. Someone had to make sure Apple took notice. And someone has to make sure we get a “genuine” fix, not a “fake” one. If they do the right thing, great. I’ll be the first to applaud.
But, if they don’t, you can be sure at least one person will make sure people know about it.
ENTMD says:
It appears that the majority of iPhones do work well. Off course you are only going to find complaints when you look on the internet because it’s so easy to make a complaint. People who have good 3G connection would not be wasting their time on this sites. If the iPhone is that flawed, people would be returning them in droves and not still lining up to get one. The bottom line is that the lawyers are the ones that clean up big in a class action suit. I’m sure this women is just a paid shill propped up as the plaintiff. I’m sure they are cutting her a big check under the table.
August 22nd, 2008 at 12:02 pm
ENTMD says:
I also think this 3G connection problem has a lot to do with overstressing the 3G infrastructure. I know here in the boonies where they just rolled out 3G, I get great connection. Just not alot of hicks are into the iPhone here. I also see some articles on the net about the new blackberry bold having the same 3G connection problems.
August 22nd, 2008 at 12:15 pm
Michael Emerson says:
Right on! People have to wake up and smell the coffee. The iPhone may be a good looking device, but to be honest the latest Windows-based devices are even slicker and more powerful - like those from LG. A hot broken toy without a replaceable battery or upgradable memory isn’t cool. Want to open a Word doc on a phone? Go to the masters, not the hipsters.
August 22nd, 2008 at 12:18 pm
Mel says:
Apple fan-boys will be what they have been over the years. According to them Steve Jobs can walk on water and can not do any wrong. But if and only if the anecdotal evidence of 3G iPhone’s suckiness is partially true, there is an undeniable problem. People do not like to complain, even on the internet, just for the sake of complaining. Remember, most of the iphone owners purchased it because it was from apple and because they liked the user interface. But at the same time, if you are carrying a brick in your pocket, you’d expect it to function as advertised, like a decent phone as well.
Suggestion of return them does not hold much water as well, since most users are out of the 30 day no questions asked (yeah right, no questions asked my rear end) return period and stuck in 2 year contracts. Also, these people love the rest of the device I am sure. Heck it plays your music, you can get your email and do anything you like on the familiar interface. And as a phone, it should work too. Yeah it is AT&T’s problem as far as coverage goes but it is Apple’s problem choosing the suckiest phone company around as their exclusive distribution partner instead of offering the iphone as service provider independent.
my 2 cents against apple fanboy ENTMD’s assessments
August 22nd, 2008 at 12:20 pm
Michael Santo says:
It’s possible they (RIM) used the same chipset (Infineon), though I am unclear about that. It is clear that Apple chose Infineon because of price.
While it may have something to do with the 3G infrastructure, it’s happening worldwide so I can assuredly say it’s not an ATT issue.
Additionally, if you look at the picture you can see by clicking on the image in the story, you will see two other 3G phones next to the iPhone, with great signal strength. It points straight at the iPhone, not the network.
August 22nd, 2008 at 12:22 pm
Michael Emerson says:
You write: “see the iPhone have 1 bar while the bars on the other phones are full. And this will happen at both home and work.”
Like me, you are someone in the cell phone business. You should know that “bar count” among different manufacturers and models is immaterial. On my old Nokia, it had 7 bars, and anything above 1 bar was excellent. On my old Motorola, anything below all 4 bars was lousy.
“Bar count” is like your fuel gauge - a relative indicator. It simply cannot be used to compare signal-to-noise between unlike devices.
August 22nd, 2008 at 12:25 pm
Fat-Whillie says:
She is being ‘Dissed’ because she has the nerve to sue and complain about “The technological Jeasus” that is Apple.
I had to ditch my iphone, because it was constantly turning my bottle of water into wine. I was becoming a drunk faster than I had planned. Also, since it gave me the ability walk on water, that was just wierd and wrong, it had to go.
August 22nd, 2008 at 12:46 pm
kws says:
That’s why I never buy a 1st gen product from anyone soon after it is introduced. I let the fan boys and gadget freaks run out and find the land mines. I don’t have the time for that BS.
August 22nd, 2008 at 1:05 pm
Michael Santo says:
Michael, you have a point, but for the iPhone, 1 bar means crappy signal. At that point, it drops calls, misses calls, won’t make calls, and we have several iPhones showing the same signal strength and same behavior. It is so bad we have switched to EDGE permanently so we can work, and just try 3G when a software upgrade comes out.
The point is, the other phones are both full bars … which by any gauge means good signal strength.
I am also concerned they might fake a fix by dropping the phone into EDGE while everyone else would be in 3G and happy.
To be honest, that would be the quickest … but I hope they fix it the right way.
August 22nd, 2008 at 1:08 pm
Steve says:
Just to set the record straight the drops are also happening in Edge as well with the phone. I had a new Blackberry and never had a problem with it. Now all I have are problems with the Iphone
August 22nd, 2008 at 1:36 pm
S L says:
On thing I noticed about your photo.
The Treo has wi-fi and blue-tooth turned off while the iPhone has them both turned on. I can’t tell on the Motorola phone. That kind of makes it an apples to oranges test. (No pun intended.)
The Treo seems to be getting only 2 bars.
Could you redo your test with wi-fi & blue-tooth off on all phones just for curiosity sake?
I’m one of those people that live in a smaller metro area. (Olympia, WA) I get max bars on my 3G iPhone almost all of the time. I don’t know what that means. I did go to a NFL game in Seattle the other day and got great reception there throughout the whole game. I was using the browser to look up player stats & scores real time. Never had any 3G issues.
August 22nd, 2008 at 5:28 pm
Tech says:
I feel that the iPhone is an over hyped phone, I mean there is nothing revolutionary about it, if your going to base it on features, specially if you will compare it to some nokia phones like N92 which can receive digital tv signals and only cost half the price of iphone, and I think if the phones doesn’t work well for the woman that suing apple, she has the right to sue them, I would think apple wouldn’t hesitate suing her if she breach her contract with them.
August 22nd, 2008 at 6:11 pm
Michael Santo says:
S L - the Q9h doesn’t have wifi, and Bluetooth and wifi are totally different technologies from 3G. You are in a smaller area which does give credence to the theory about “overloaded” 3G or a higher concentration of 3G phones creating an issue.
I will not the Pro has less bars than the q9h, but more than the 3G iPhone … and it doesn’t drop calls!
August 23rd, 2008 at 11:00 am
kent says:
Nice work Michael. The first assessment I’ve seen that actually backs their assertions up with proper field testing.
It totally sounds like you are on the right track - but don’t expect any of the apple apologists to ever acknowledge it.
August 23rd, 2008 at 8:49 pm
Leop says:
She could be in it for the money. It’s true that attorneys make the lion’s share of the reward from class action law suits, and most class members get a $5 gift certificate to Starbucks, there’s some group within the affected class that act as principle class members. Can’t remember the proper term, but they can receive a nice windfall for representing the class during trial proceedings.
August 24th, 2008 at 9:36 am
iBricks Forever! says:
What do you expect from Apple? Products that actually work or do something other than make its possessor think they’re cool?
Apple’s Business Model is based upon pure marketing nirvana, not on providing products that are fully functional, durable or reasonably priced!
If you believe otherwise, I have some National Parks for sale and I think I still have some iBridges left, just for you believers!!!
…and for you today my friend, almost free!!!!
August 24th, 2008 at 4:16 pm
Cosmo Cramer says:
You’re absolutely right Leop. She is absolutely in it for the money.
August 24th, 2008 at 5:41 pm
jagslive says:
Wow I was surprised to see a news / blog article that dares to speak the truth about apple iphone. Because usually apple ” fanbois ” storm the site with their arrogant & negative comments if anyone dares.
With AT&T Tilt I get rock-solid 3G reception in San Francisco, Los Angeles, Chicago etc…and moreover I enjoy the freedom to install any software I like…like TCPMP to play video in ANY format and much more…
Thank you Michael Santo for the article.
- jagslive
August 25th, 2008 at 12:40 am
FreeRange says:
This lawsuit is BS. If you don’t like the phone, or are having problems, its real simple, RETURN IT. The only ones that make out on these stupid class action suits are the attorneys, and that is why they want to turn them into class action suits. These are bottom feeders! Try to find anything on this law firm by googling them… they must be some kind of hacks - Trimmier Law Firm
August 28th, 2008 at 3:02 pm
yourshop.cc says:
Rolex Sports Models
December 14th, 2008 at 9:53 pm
情趣用品 says:
QQ
December 17th, 2008 at 2:45 am