Thursday, December 4, 2008
I guess I am a fool: Apple Argues Only a Fool Would Believe their Ads
Apple isn't lying in television ads that tout the iPhone 3G as twice as fast as its predecessor, but customers would have to be fools to take those claims at face value, the company argues. That's essentially Apple's legal response to a lawsuit filed by San Diego resident William Gillis back in September alleging that Apple and AT&T knowingly oversold the new iPhone alongside misleading ads that promised it would perform twice as fast as the original model. Apple's 9-page reply begins early off by maintaining that any statements it made "were truthful and accurate and were not misleading or deceptive." But it was a bullet point response a few pages later the caught the eye of Wired, as it suggests that only a fool would believe what the company says in its ads. "Plaintiff's claims, and those of the purported class, are barred by the fact that the alleged deceptive statements were such that no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact," Apple's attorneys wrote. More here.
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