Lawsuit accuses Apple, AT&T of over-saturating 3G network with iPhones
Wednesday, September 03, 2008 - 09:33 AM EST "A San Diego-based lawsuit filed late last week alleges that Apple and its carrier partner AT&T have knowingly oversold iPhone 3G, promising fast speeds only to see a glut of customers bog down the network with devices that themselves are flawed," Aidan Malley reports for AppleInsider."The 18-page complaint from customer William Gillis primarily relies on Internet reports of problems as the foundation of its argument and asserts that leaked information contradicts public statements by either of the defendant companies regarding 3G network performance," Malley reports.
"Gillis particularly criticizes AT&T. Although company new media representative Brad Mays has gone on record as saying the iPhone 3G has been 'performing great' on its 3G network, the plaintiff counters by pointing to claims that the handset has required too much power. In tandem with the 'high volume' of iPhones sold, the sheer signal demand has bombarded AT&T and in many cases kicks users down to the EDGE-based 2G network even when 3G coverage is guaranteed, according to the lawsuit," Malley reports.
Full article here.
MacDailyNews Take: Basing a lawsuit on Internet reports, rumors, and speculation is likely to be specious at best and frivolous at worse. Apple should countersue for all costs incurred. Furthermore, the U.S. really should consider some sort of meaningful tort reform if fishing expeditions like this are allowed under current laws.
Newsflash: new software combined with multiple-millions of devices being unleashed onto a network in a very short period of time will likely result in issues that require tuning. That is what we believe is happening at this time. iPhone 3G was released in the U.S. on July 11, 2008 - less than two months ago! Apple and their carriers really should be given an adequate and realistic amount of time to tune their software and networks before any lawsuits are filed.

Shakespeare was right!