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Technology Stocks : Mobile Computing - OSs & Manufacturers UNMODERATED
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To: Road Walker who wrote (2753)2/17/2011 8:29:59 PM
From: sylvester80   of 3170
 
Judge dismisses iPad overheating lawsuit
Posted on Wed, 02/16/2011 - 10:14 by Raven Lovecraft
tgdaily.com

Just because the iPad tends to overheat when it's in direct sunlight doesn't mean Apple participated in deceptive advertising by saying using an iPad is "just like reading a book," according to a summary ruling by a judge in the case of a class action lawsuit.

Claudia Keller, John Browning, and Jacob Balthazar brought forth the lawsuit against Apple, claiming it is practically impossible to use the iPad in direct sunlight, and even if it is used, it overheats and shuts down in a matter of minutes.
Apple never specifically claimed the device worked well in outdoor conditions, but did say in one ad campaign that "reading on iPad is just like reading a book." Most of us have never experienced reading a book under the sun when all of the sudden the pages just turn into nothingness. So, the plaintiffs alleged, Apple's claim was false.

But the judge saw that more as a case of grasping at straws. Judge Jeremy Fogel wrote in his ruling, "The Court concludes that these allegations are insufficient. At the least, Plaintiffs must identify the particular commercial or advertisement upon which they relied and must describe with the requisite specificity the content of that particular commercial or advertisement."

The case isn't over yet, though. The plaintiffs are allowed to amend their complain within 30 days, and cite the specifics that the judge is asking for.
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