Comment Re:Just another class action suit (Score 2) 130
I don't necessarily think that this is a huge legal issue
Actually, screw that (yes, I'm replying to my own post). It is a legal issue.
If Apple had been forthright about the technical issue -- and had been honest about the fact that they were designing a 'fixed' version of the phone -- then I think they would have been blameless. People would have been properly informed and thus could have made the correct decision in deciding whether or not to return the device.
But instead Apple lied. They lied because they knew if they downplayed the issue, a lot of people would take them at their word and hold onto phones that they knew were defective. Moreover, they didn't acknowledge that they were fixing the issue -- since they didn't really acknowledge the issue in the first place (remember when it was going to fixed via a software update?) So people didn't know that they could return the phone and buy a better one a few weeks/months later.
I think that really forms the core of their legal culpability. I wish that their damages exceeded the $$ they probably made by sticking people with those defective phones, but I really doubt that it does. No doubt the shareholders are toasting the ghost of Steve Jobs right now.