Trujillo v. Apple Computer, Inc. et al

Filing 117

RESPONSE by Jose Trujilloin Opposition to MOTION by Defendant Apple Computer, Inc. for summary judgment 53 (Attachments: # 1 Exhibit Group Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M)(Rowe, James)

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Mr. Steve Jobs Mr. Randall L. Stephenson June 29, 2007

Page 2

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deplete itself after 300 to 400 charges. (N~w York Times, June 27,2007.) This is a matter of concern to purchasers of the product. Unlike the iPod, the iPhone is obviously intended and marketed as a device to be utilized for a broad range of business related purposes, and on a constant basis. A customer who recharges the iPhone every night, as most cell phone users do, may therefore require a battery replacement within ten lll.onths. We have carefully examined all iPhone information available online from your finns' web sites. As of this writing, neither Apple nor AT&T has posted any information regarding the policy with respect to battery replacement. We can only assume that Apple and/or AT&T intend to provide a replacement battery at no charge for the actual life of the phone. Moreover, we assume that your finns have arranged a mechanism for instantaneous replacement at your stores so as to ensure that consumers are not confronted with the time, expense, and loss of use they would incur if their iPhone must be sent in for replacement by mail, as occurs with the iPod. If our assumptions are incorrect, and your firms do not intend to adopt such policies, we believe many consumers will be greatly surprised, and we urge you to prominently disclose the actual battery replacement cost and replacement process in all advertish1g and on a pre-sale basis at your retail stores, including prior to activation on iTunes, in order to ensure that no consumers are misled concerning the performance and ultilnate effective cost of tl1e unit. Rate plan commitment and early termination fee. The cellular industry has insisted publicly, and in numerous court cases, that early termination fees fees of $150 or more levied by wireless carriers on customers who cancel their contracts before a specified period of time - are necessary to offset the cost of providing handsets at subsidized prices. However, we note that even though the iPhone will be sold at its full retail price, your firms will require customers to enter into a two year service contract with AT&T and will further require a $175 early termination fee should a customer cancel service for any reason - including poor service, defective hardware or other reason - within that period.

June 29, 2007

Mr. Steve Jobs CEO Apple
1 Infinite Loop Cupertino, CA 95014 Mr. Randall 1. Stephenson Chairman & CEO AT&T 175 E. Houston San Antonio, TX 78299-2933 By facsimile

Gentlemen:
We write regarding the policies your companies intend to adopt concerning handset and the wireless services available to purchasers of the iPhone. the iPhone

-

The marketplace is excited by today's introduction of the iPhone, which has been widely heralded as the next step in the evolution of the multifunction cell phone. This is, therefore, an opportune moment for Apple and AT&T to pioneer a commensurately evolved approach to consumer service, support and respect for consumer rights. While consumers have embraced wireless and handheld technologies, and rewarded your firms with their business, the devices and company practices have not always measured up to customer expectations, or to the requirements of state consumer protection laws. Why not meet and exceed the standards as the iPhone reaches the marketplace? Based on the information available early this morning with respect to the 6 p.m. inauguration of the iPhone program, we urge your attention to the following issues: BattelY wauanty and disclosure. The iPhone battery is apparently not user-replaceable. This was and remains a controversial aspect of the iPod, because some users were required to replace the battery after an unexpectedly short duration, and at considerable expense of up to 50% of the cost of a new iPod, including shipping and handling fees. (Replacement using third party batteries has been less expensive, but would void the warranty.) News reports quote Apple as stating that the iPhone's battery will eventually

We further note that disclosures as to the two-year contractual commibnent were made ini tially in Apple's advertising for the product, but were later removed from the advertising. We call upon your companies to refrain from proceeding with the punitive and anticompetitive practice of charging an ETF for cancellation of iPhone service. At a minimum, the ETF should be waived when presented with a customer request based upon (1) device failure (2) loss or theft of the device (3) inadequate wireless service/ coverage or (4) any other reasonable basis. Moreover, in connection with the settlement of an administrative proceeding with the California Public Utilities Commission (CITE), AT&T's predecessor entity, Cingular

Group Exhibit

A

Mr. Steve Jobs Mr. Randall 1. Stephenson June 29, 2007

Page 3
Wireless, has adopted a policy that permits customers to return a product for any reason within thirty days without incurring an early termination fee. However, we note that the iPhone return policy is limited to fourteen days, and permits a 10% restocking fee (i.e., $49 to $59) for return of an iPhone whose box has been opened. (AT&T's web site contains conflicting return information.) We see no reason why purchasers of these considerably more expensive devices should be denied the full thirty-day trial period without any form of penalty in the form of an early termination fee or a restocking fee. Surely neither of your companies wishes to punish customers for whom the product/ service is unsatisfactory. Finally, your companies should agree to accept iPhone returns and service deactivation without charge at any time after purchase until battery replacement disclosures stated above are fully implemented. We wish you success in making the iPhone program one that meets and exceeds the needs and expectations of consumers in every respect, and look forward to your prompt response.
Thank

'ntheMedia
The Gold Coast Bulletin (Australia) July 3, 2007 by Staff Writers

Call to address;

iPhone

worries

Just 24 hours after Apple's much hyped IPhone was released on to the US market, Apple and Its mobile carrier partner AT&T ave come under fire from a powerful h consumer advocacy group. Foundation for Taxpayer & Consumer Rights has warned Apple CEO Steve Jobs anrl CEOof AT&T tan Sigman they need to agree to new consumer safeguards for the S iPhone. In a letter to the two CEOs, FTCRfounde~Rosenflel'.I'"ascalied on them to address two serious potential problems -- tne-issue6rbattery replacement nd the a cancellation penalty the pair have said they willimpose on anyone wanting to get out of the two-year contract they have to sign for when they buy their IPhone.
Unlike all other handheld phones, the IPhone battery Is not user replaceable.

you for your attention.

If news reports are correct, the iPhone battery could require replacement within one
year, said Rosenfield. The companies have not disclosed if they will charge consumers to replace the battery, or If customers will have to mall their phones to the company and wait for a replacement. FTCR wants the companies to provide free and Immediate replacements at their retail locations for the life of the iPhone. The companies have announced that consumers must agree to a two-year contract for AT&T wireless service to activate the iPhone; they will also impose a hefty $200 cancellation fee for early termination. But FTCRsays that such fees are unnecessary and consumers should be permitted to cancel the contract at any time based upon device failure, loss or theft, Inadequate wireless service/coverage or any other reasonable basis. "The introduction of the IPhone has been heralded as a major evolution in the multifunction cell phone," said Rosenfield. "Apple and AT&T should take this opportunity to adopt policies and practices that respect the rights of their customers." FTCR has brought several lawsuits on behalf of the public challenging the practices, services and charges of wireless companies including AT&T, Cingular, T -Mobile and Nexte!. The group also sued Apple on behalf of customers who bought the secondgeneration IPod Nano and were charged for replacement of its defective screen.

The Foundation For Taxpayer & Consumer Rights (FTCR)

Page 2 of2

M~anwhlle, Australian consumers to be released here.

should not hold their breath waiting for the IPhone

L66kSmart' FIND ARTICLES 110,000,000ticles Ar
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It is not expected here far at least another six months and then It will be tied to a mobile phone carrier. That means you will not be able to just buy the phone and swap your existing slm card into. It. One advantage af the delay is that by the time It reaches Australia any bugs shauld have been Ironed out and hapefully it will have been upgraded to work with aur 3G netwarks.
At present, the US madel is only capable to using 2.5G ar EDGE networks which pravide a slower internet connection. Meanwhile, analysts are expecting the papularlty of the IPhone In the US to make it a target for hackers.

'It is nat expected here for at least another six months and then It will be tied to a mablle phone carrier.'

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Apple spokeswoman Jennifer liakes said Thursday the Cupertino company posted the battery replacement details on Its Web site last Friday after the product went on sale. Users would have to submit their IPhone to Apple for battery service. The service will cost users $79, plus $6.95 for shipping, and will take three business days.

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The procedure is similar to the one It has for the company's best. seillng Ipod players, but because some users will not want to live without their cell phones. Apple Is also offering a loaner IPhone for $29 while the gadget is under repair.
founder of the Santa Monica.based consumer watchdog group thatfrom Business 1

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replacement batteries," he said. "And the fact that the Information Is burled Is just not appropriate."
Apple has not disclosed amount was 500,000 how many IPhones were available at launch, though analysts have speculated the

or more.

San Antonio-based AT&T aid the gadget had sold out at most of its stores on the night of the launch while s many Apple stores ran out of stock by early this week.
Those ordering the !Phone online throLlgh Apple's Web site on Thursday were being promised delivery

would be in two to four weeks.

Meanwhile, IPhone's conference

software

developers

anxious

to find ways they could introduce in San Francisco

applications

tailored

for the

Web browser

were preparing

to get together

this weekend

at an ad hoc

called IPhoneDevCamp.

wrote the letter last week, contends the iPhone's battery and repair costs should have been clearly disclosed earlier. The company outlined its cellular service rates and many other reatures of the iPhone In advance of its launch, which drew snaking lines around stores across the country. "Some of them might be waking up now," Rosenfield said, "wondering who they got in bed with."
Apple did not have an Immediate comment on the consumer group's concerns.

Also, a tech-savvy audience cheered the latest work this week of a hacker known for cracking copyprotection technology and creating workarounds of Apple products. Jon Lech Johansen, also known as "DVDJon," posted on his blog Tuesday a method ror people to turn on the iPodand WiFfeatures-- but notthe cell phonefunctions of the iPhone ithoutgoingthroughthe I n w required activation process and service fees of AT&T. Johansen did not respond Thursday to e-malls seeking comment.

Rosenfield said he didn't detect the battery information, which is located under several layers of links on Apple's support page on Its Web site, until earlier this week. Technology blogs also started reporting their discoveries of It this week while one of the questions Wall Street Journal tech columnist Walt Mossberg fielded Thursday from his readers was about what happens when the iPhone battery dies. "The cell phone Industry is notorious for not being consumer- friendly while Apple has a fairly good reputation, so for Apple to stand on a technicality of a hidden disclosure that's going to cost the user as much as 20 percent of the purchase price I think will prove to be a colossal mistake," Rosenfield said. The iPhone costs $499 or $599, depending on the model, and requires a minimum two-year $60-a-month service plan with AT&T.
The taxpayer embroiled allegedly and consumer organization has gone to court over these Clngular, easily. kinds or issues in the past. termination It is and Is Conter partr

c2007

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Cannot be used or repurposed and learning

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permission.

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in a pending defective

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now part of AT&T, over Its service

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In addition, Rosenfield said, replacing the iPhone battery should be free to begin with while the product is LInderits one-year warranty. He also questioned why Apple chose to go against the norm of what cell phone users are accustomed to .. swapping out their own batteries and generally at a cost that Is less than half of what Apple is charging now for the IPhone.
"I'm just surprised at Apple's decision to defy the common practice of allowing people to purchase

Apple reveals iPhone battery plan
MAY WONG ASSOCIATED PRESS JUL Y ('. 2007 AT I :44 PM EDT

The consumer and taxpayer organization

has gone to court over these kinds of issues in the past. It

is embroiled in a pending lawsuit against Cingular, now part of AT&T, over its service termination
fees, and is also one of the plaintiffs in a pending lawsuit against Apple over an early model iPod Nano that was allegedly defective because it scratched easily. ]n addition, Rosenfield said, replacing the iPhone battery should be free to begin with while the product is under its one-year warranty. He also questioned why Apple chose to go against the norm of what cell phone users are accustomed to - swapping out their own batteries and generally at a cost that is less than half of what Apple is charging now for the iPhone. "]'m just surprised at Apple's decision to defy the common practice of allowing people to purchase replacement batteries," he said. "And the fact that the information is buried is just not appropriate." Apple has not discJosed how many iPhones were available at launch, though analysts have speculated the amount was 500,000 or more. AT&T said the gadget had sold out at most of its stores on the night of the launch while many Apple stores ran out of stock by early this week. Those ordering the iPhone online through Apple's Web site on Thursday were being promised delivery would be in two to four weeks.

SAN JOSE, Calif. - A consumer advocacy group has expressed outrage over Apple ]nc.'s battery replacement program for the iPhone, while developers and hackers are trying to figure out ways they could expand the capabilities of the hot new gadget. The hybrid cell phone, iPod media player and wireless Web-browsing device launched to much fanfare on .Iune 29. On the same day, the Foundation for Consumer and Taxpayer Rights fired off a letter to Apple and AT&T Inc., the cellphone's exclusive carrier, complaining that customers were being left in the dark about the procedure and cost of replacing the gadget's battery. TIle iPhone's battery is apparently soldered on inside tile device and camJOt be swapped out by the owner like most other cell phones. Apple spokeswoman .Iennifer Hakes said Thursday the company posted the battelY replacement details on its website last Friday after the product went on sale. Users would have to submit their iPhone to Apple for battery service. The service will cost users $79 (U.S.), plus $6.95 for shipping, and will take three business days. The procedure is similar to the one it has for the company's best-selling iPod players, but because some lIsers will not want to live without their cellphones, Apple is also offering a loaner iPhone for $29 while the gadget is underrepair. Rosenfield, founder of the Santa Monica, Calif.-based consumer watchdog group that wrote the letter last week, contends the iPhone's battelY and repair costs should have been clearly disclosed earlier. The company outlined its cellular service rates and many oilier features of the iPhone in advance of its launch, which drew snaking lines around stores across the country. "Some of them might be waking up now," Rosenfield said, "wondering who they got in bed with." Harvey

Meanwhile, software developers anxious to find ways they could introduce applications tailored for ilie iPhone'sWeb browser were preparing to get together in Silicon Valley this weekend at an adhoc conference called iPhoneDevCamp. Also, a tech-savvy audience cheered ilie latest work this week of a hacker known for cracking
copy-protection technology and creating workarounds of Apple products. Jon Lech Johansen, also known as "DVD .Ion," posted on his blog Tuesday a method for people to turn on the iPod and WiFi features - but not tile cellphone functions - ofthe iPhone without going through the required activation process and service fees of AT&T. Johansen did not respond Thursday to e-mails seeking comment.

Apple did not have an immediate comment on the consumer group's concerns.
Rosenfield reporting said he didn't detect the battery information, which is located under several layers of links on Apple's support page on its website, until earlier this week. Technology blogs also starte their discoveries of it this week while one of the questions Wall Street .Iournal tech

columnist Walt Mossberg fielded Thursday from his readers was about what happens when the iPhone battery dies.
"The cell phone industry is notorious for not being consumer-friendly while Apple has a fairly go reputation, so for Apple to stand on a technicality of a hidden discJosure that's going to cost the u as much as 20 per cent of the purchase

said.

price I think will prove to be a colossal

mistake,"

Rosenfi

The iPhone costs $499 or $599, depending on tile model, and requires a minimum two-year $60-a-

month service plan with AT&T.

IPHONE

because some users will not want to live without their cell phones, Apple is also offering a loaner IPhone for $29 while the gadget Is under repair. Found on Web Site, After Some Digging Harvey Rosenfield, founder of the Santa Monica, Callf.-based consumer watchdog group that wrote the letter last week, contends the IPhone's battery and repair costs should have been clearly disclosed earlier. The company outlined Its cellular service rates and many other features of the iPhone in advance of Its launch, which drew snaking lines around stores across the country. "Some of them might be waking up now," Rosenfield said, "wondering who they got In bed with." Apple did not have an Immediate comment on the consumer group's concerns. Rosenfield said he didn't detect the battery information, which is located under several layers of links on Apple's support page on Its Web site, until earlier this week. Technology blogs also started reporting their discoveries of It this week, while one of the questions Wall Street Journal tech columnist Walt Mossberg fielded Thursday from his readers was about what happens when the IPhone battery dies. "The cell phone Industry Is notorious for not being consumer-friendly while Apple has a fairly good reputation, so for Apple to stand on a technicality of a hidden disclosure that's going to cost the user as much as 20 percent of the purchase price I think will prove to be a colossal mistake," Rosenfield said. The iPhone costs $499 or $599, depending on the model, and requires a minimum two-year, $60-a-month service plan with AT&T. Existing Battles The consumer and taxpayer organization has gone to court over these kinds of Issues In the past. It Is embroiled In a pending lawsuit against Clngular ~, now part of AT&T, over Its service termination fees, and Is also one of the plaintiffs In a pending lawsuit against Apple over an early modellpod nano that was allegedly defective because It scratched easily. In addition, Rosenfield said, replacing the IPhone battery should be free to begin with while the product Is under its one-year warranty. He also questioned why Apple chose to go against the norm of what cell phone users are

Apple Flamed Over Expensive iPhone Battery Replacement Plan
By May Wong AP 07/06/079: 12 AMPT & Print Version @ E-Mail Article ~Dlgg It ii1 Reprints

A consumer advocacy group has cried foul over Apple's IPhone battery replacement plan, the details of which were revealed after the gadget hit the shelves last week. Changing out the battery, which Is soldered Into the phone, takes three days and costs $79, plus $6.95 In shipping fees. Can't live that long without your phone? Apple will rent you a loaner for another $29.

--

A consumer advocacy group has expressed outrage over Apple's (Nasdaq: AAPL) ~ battery replacement program for the IPhone, while developers and hackers are trying to figure out ways they could expand the capabilities of the hot new gadget. The hybrid cell p!JgJ1.e,IPod media player and wireless Web-browsing device launched to much fanfare on June 29. On the same day, the Foundation for Consumer and Taxpayer Rights fired
off a letter to Apple and AT&T (NYSE: T)

~,

the q~1J..p!Jone'.s exclusive

carrier,

complaining

that

customers were being left in the dark about the procedure and cost of replacing the gadget's battery. The IPhone's battery Is apparently soldered on Inside the device and cannot be swapped out by the owner like most other ce.!Lp.l:!.Qnes. Details Revealed Apple spokesperson Jennifer Hakes said Thursday the company posted the battery replacement details on Its Web site last Friday after the product went on sale. Users would have to submit their IPhone to Apple for battery service. The service will cost users US$79, plus $6.95 for shipping, and will take three business 'III days. The procedure is similar to the one It has for the company's best-selling IPod players, but

accustomed

to

-- swapping

out their own batteries

and generally

at a cost that

Is less than

half

of what Apple Is charging now for the IPhone. "I'm just surprised at Apple's decision to defy the common practice of allowing people to

.
purchase replacement batteries," he said. "And the fact that the Information Is burled Is just not appropriate, " Mostly Sold Out
Advanced Search "-'-

Apple has not disclosed how many iPhones were available at launch, though analysts have speculated the amount was 500,000 or more. AT&Tsaid the gadget had sold out at most of Its stores on the night of the launch while many Apple stores ran out of stock by early this week. Those ordering the IPhone online through Apple's Web site on Thursday were being promised delivery would be in two to four weeks. Meanwhile, software developers anxious to find ways they could Introduce applications tailored for the IPhone's Web browser were preparing to get together in Silicon Valley this weekend at an ad hoc conference called IPhoneDevCamp. Also, a tech-savvy audience cheered the latest work this week of a hacker ~ known for cracking copy-protection technology and creating workarounds of Apple products. Jon Lech Johansen, also known as "DVD Jon," posted on his blog Tuesday a method for people to turn on
the iPod and WiFi features

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An unhappyIPhone buyer has filed a class action lawsuit claimingthat he was misled by Apple. Jose Trujillo alleges that Apple falted to inform potential customersthat the phone's ballery was sealed and could only be professionallyreplaced. "Unknownto the plaintiff, and undisclosedto the public, prior to purchase,the IPhone is a sealed unll with it's [sic] ballary soldered on the inslda of the device so that It cannot ba changedby the ownar,"the lawsuit. filed in the Cook County. illinois circuitcourt, allages.
Trujillo also claims that tha ballery will need to be changed fraquantly.

-- but

not the cell phone

functions

-- of

the IPhone

without

going

through the required activation process and service fees of AT&T. Johansen did not respond Thursday to e-malisseeklngcomment.1m
@ 2007 @2007 Assoclatad ECT New. Press. Network. An right. re.elVed. reserved.

All right.

SHOPPING .. Next Article In iPhone:

"The battery enclosedIn the iPhone can only be charged approximately300 times before il will be in naedof replacement,necessllatinga naw batlary annually for ownars ollhe IPhona." Tha case centres how much InformationApple providedabout tha iPhone battery prior to the handset going on sale on 29 June. As BusinassWeek'sPhilip Elmar-DeWittexplains, Apple provided clear Informationabout ballery p~.lfQfm~nG~including a separatepreu.r.~leuQ !l.Qlal.llrJgJmPf.9yemeJl1$ that II had tnade to standby and playbacktime. Bul at no time did it explicitly state that the battery was sealadwithin the device.

Putting

iPhone on Hold

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Howavershortly before the phonawent on sale it does appearto have provided some information, ADVERTISEMENT Includingdetails of the warrantythat explained that outside the warranty periodIt would chargeto repiacean expired ballery.
Trujillo's complaint allegas that this informatton was not provided until after the IPhone went on sale.

50 I Ade Ele, wal Mu, sev OIc

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He saysthat Apple spokesperson ennifer Hakes confirmedthat "Apple posted the J ballery replacemenlprogramdetails on its website after the IPhonewent on sale". Simon Aughton Submitto: Digg I Slashdol I DeLicio.us

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iPhone designed to milk cash out of its owners through battery replacement program. Foundation for Consumer and Taxpayer Rights upset with A T& T and Apple
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0 Web @ www.itidiadaify.col11 A consumer advocacy group has expressed outrage over Apple Inc.'s battery replacement program for the iPhone, while developers and hackers ml!tAdd.B~?Jle.Bg!!n!!.S are trying to figure out ways they could expand the capabilities of the hot new gadget.
The hybrid cell phone, iPod media player, and wireless Web-browsing device launched with much fanfare on June 29. On the same day, the Foundation for Consumer and Taxpayer Rights fired off a letter to Apple and A T& T Inc., the cell phone's exclu$ive carrier, complaining that customers were being left in the dark about the procedure and cost of replacing the gadget's battery.

Prrvacy Statement

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The iPhone's battery is apparently soldered on the inside of the device and cannot be swapped out by the owner like most other cell phones. Apple spokeswoman Jennifer Hakes said on Thursday that the company posted the battery replacement details on its Web site last Friday after the product went on sale. Users would have to submit their iPhone to Apple for battery service. The service will cost users $79, plus $6.95 for shipping, and will take three business days. Simply put, you need two iPhones to make sure you have a cell phone all the time. Shame on Apple and At&T!

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. CBSNews.com:

Print This Story

Page 1 of2

"CBSNews.com: Print This Story

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~CBS NEWS
"-A~.J --".!"'."!-'

ils one-year

warranty.

He also questions why Apple chose to go against Ihe norm of whal cell phone users are accuslomed to own batteries and generally at a cost that Is less Ihan half of what Apple Is charging now for the IPhone. "I'm Just surprised al Apple's decision to defy Ihe common practice of allowing people 10 purchase says Rosenfield. "And the fact that Ihe information Is buried is jusl not appropriate." Apple has nol disclosed 500,000 or more. how many iPhones were available allaunch, Ihough analysis

-swapping

out Iheir

Speed Bumps For The iPhone
July 6, 2007 (CBS/API As Apple and its customers work oul the speed bumps in whal has been one of Ihe most highly anticipaled lech producllaunches in years, software developers are Ihlnking about jusl one thing: Ihe endless opportunities the iPhone may have for them.
There's
browser

replacemenl

batleries:'

have speculaled

the amount

was

no time 10 waste: software developers
will be meeling in San Francisco this

anxious
weekend

to find ways to write and market programs

- just

one

week

after

Ihe

launch

tailored to the iPhone's Web of the hot new device at an ad hoc

-

AT&Tsaid Ihe gadget had sold oulln mosl of its slores on the night of the launch while many Apple slores ran out of slock by early this week. Those ordering the IPhone online through Apple's Web slle on Thursday were being promised delivery would be in Iwo to four weeks.

conference

called IPhoneDevCamp. Ihis one is free

Unlike many high level tech conferences,

designers, developers, teslers and IPhone owners logelher to develop web-based applications and optimize web siles for Ihe iPhone 10 improve the web experience for iPhone. Consumeradvocatesare also focusedon improvingIhe user experiencefor Ihe device, an ail-In-onecell phone, IPod media player and wireless Web-browsing evice. d The Foundation for Consumer and Taxpayer Rights has sent a letter 10Apple and AT&T Inc., Ihe cell phone's exclusive carrier,complainingIhal cuslomerswere being left in the dark about the procedureand cost of replacingthe gadgel's battery. The iPhone's battery is apparentlysolderedon Inside Ihe device and cannol be swappedoul by the owner like mosl other cell phones. Apple spokeswomanJenniferHakes said Thursdaythe companyposled the battery replacemenldetails on its Web site last Fridayafter the productwenl on sale.
Users would have 10 submitlheir IPhone to Apple for battery service. The service will cosl users $79, plus $6.95 for shipping, and will take three business days.

- organized

by volunleers

who say Ihe goal is 10 bring web

@MMVII, CBS Interactive contributed to this report.

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The procedureis similar to the one it has for the company'sbest-sellingIPod players,but because some users will not wanllo live without Iheir cell phones,Apple is also offering a loaner iPhonefor $29 while the gadget is under repair. Harvey Rosenfield,founderof The Foundationfor Consumerand TaxpayerRights, conlendsthe iPhone's battery and repair cosls should have been clearlydisclosedearlier. The companyoutlined its cellularservice rates and many olher fealures of the IPhonein advance of its launch. which drew snaking lines around slores acrossthe country. "Someof them mlghl be waking up now, wondering who Ihey got in bed with:' says Rosenfield. Rosenfieldsays he didn't detecl the batteryinformation,which is located under severallayers of links on Apple's supportpage on its Web site, untitearlierIhis week. Technology blogs also slarted reportingtheir discoveriesof it this week while one of the questionsWall Sireel Joumallech columnistWall Mossbergfielded Thursdayfrom his readerswas aboul what happens when Ihe iPhone battery dies.
sland on a technicality of a ~idrlen di'ol~sure

Ihink iil prove to be a colossalmislaKe, says Rosenfield. w

"The cell phone induslryis noloriousfor nol being consumer-friendly hite Apple has a fairly good reputation,so for Apple to w - Ihal's going 10 costlhe user as much as 20 percenl of Ihe purchase price - I

The IPhonecosts $499 or $599, dependingon the model, and requiresa minimumtwo-year$60-a-monlhservice plan with AT&T. In a pod cast interview with CBS News technology analyst Larry Magid, Rosenfield says the consumergroup is also upset by Ihe facl thai anyonewho decidesto return an iPhone musl pay a len percent restockingfee and forfeit their $39 activation fee. The Foundationfor Consumerand Taxpayer Rights has gone to court over these kinds of issues in the past. It Is embroiledin a pendinglawsuit against Cingular,now part of AT&T, over its service terminationfees, and is also one of Ihe plaintiffs in a pending lawsuit egainst Apple over an early model iPod Nano thai was allegedly defectivebecause It scratchedeasily. In the case of the IPhone,Rosenfieldargues Ihal replacingIhe battery should be free to begin with while the productIs under

http://wvvw.cbsnews.com/stories/2007/07/06/tech/printable3

0225 60 .shtml

12/13/2007

http://www.cbsnews.com/stories/2007/07/06/techlprintable3022560.shtml

1211312007

I, \Jplelnsider

I Apple offers $86 iPhone battery replacement

program

Page I of I

Apple offers $86 iPhone battery
By AI>P.1sln...1.docS.ta!f Pu""s"ed, 05'00 PM EST

replacement

program

If your IPhone requires service only because said Monday. In a ,upport.!lo.cnment published 10 its website,

the battery's

ability to hold an electrical

charge has

diminished, Apple willrepair your IPhone for a service fee of $79, plus $6.95 shipping, the company

the Cupertino-based electronics maker suggests that iPhone customers initiallyfollow a series of us.ag~..gYi.d.eJJn~.s imed al optimizing and a preserving battery life. In particular, Apple says iPhone users should make sure they have inslalled the latest version of iPhone software and that possible. "Do not leave [iPhonel in a vehicle's interior when parked In the sun," the company said, for instance. The total cost of the battery repair program with shipping comes out to $85.95 per unit, but all fees are subject to local tax. Apple adds that the service is subject to its R!!palrTerms..lI.nd.C!mdltJom!, therefore may not be available if an iPhone has been damaged due to accident or abuse. Those iPhone customers who eventually opt for the repair service should know that the process will clear all data from their iPhone. "It is important to sync your iPhone with iTunes to back up your contacts, photos, emall account settings, text messages, and more," Apple said. "Apple is not responsible for the loss of Information while servicing your iPhone and does not offer any data transfer service." Apple says the iPhone's battery should las.uhro\!gILa.OO.,400charglngcycl.~9 replacement. before needing a and

--like

iPods

--they

keep

the device as close to room temperature as

http://www.appleinsider.com/articles/07

/07/02/apples _offers _86 jphone _battery Jeplace...

10/27/2007