Apple Taken To Court Over Unwanted iOS 7 Install Files



A California man is taking Apple to court over what he claims are “unwanted” download of iOS 7 onto his family’s Apple products.

On Thursday, Mark Menacher a resident of Poway, California, filed a small-claims complaint against Apple’s CEO Tim Cook in the Superior Court of California in San Diego. In the claim Menacher asks for the removal of the iOS 7 install files.

iOS 7 install files are downloaded to a device automatically when they are connected to power and have a Wi-Fi connection. That file will not install on a device without user interaction, though it does prompt the users to do so every time they restart their device.

Some users were shocked to discover this feature last month, which is designed to get users onto the latest version of Apple’s iOS software. New updates will bring new features and more importantly security fixes which are designed to keep the users safe.

iOS 7 brought a brand new look and feel to the operating system, along with compatibility issues with some pieces of software, and a sizable download of 1GB or more. Software compatibility will be fixed by developers in the long run and space can be made available on the device if necessary.

However, some users were not ready to make such a big jump and Apple does not offer a way to downgrade back to a previous version if the user is not satisfied with the experience.

“Apple’s disregard for customer preferences in relation to iOS7 is corporate thuggery,” Menacher said in a statement. “Steve Jobs was reportedly rough on company employees in pursuit of happy customers, but Tim Cook apparently cultivates a culture of contempt for customer satisfaction in pursuit of corporate profits. It is a policy that will eventually fail.”

Menacher’s complaint asks for a way to remove the install files, as well as $50. Menacher told CNET he is considering elevating the issue to a higher court, and exploring whether there is support for a class action status.

ios 7 adoption

Apple’s iOS 7 was released on September 18 and has seen the fastest adoption of any version of the software according to both Apple and third-party tracking firms. Analytics company Mixpanel currently lists iOS 7 is installed on over 72 percent of all devices.

[via CNET]


  • FragilityG4

    What a baby.

  • dr evil

    Yea, if calling over a gig of newly wasted and unusable space on your limited space device that can only be rectified by installing crappyos7 is babyish, then sure.

  • FragilityG4

    Upgrade. Problem solved.

  • Ari

    What if you are running a business and your apps don’t currently work on iOS 7?

    Ironic that you call him a baby when one considers your maturity.

    Apple should not be automatically downloading the update.

  • Ari

    You obviously do not work for a larger corporation.

  • johnnygoodface

    Poor Poor Mark 🙁

  • FragilityG4

    Then don’t upgrade. The upgrade needs at least three gigs of free space to download. If it’s automatically downloading it would appear you’re not hard pressed for space.
    You’re right though I shouldn’t call him a baby. Opportunist is more appropriate as this guy is just like the others trying to sue a highly successful company in hopes of them just settling so they can get some quick cash.

  • FragilityG4

    What does that have to do with anything? This guy is trying to make quick cash. That’s it.

  • He wants $50

  • FragilityG4

    Exactly, quick cash!

  • Ari

    What if you are blind user who accidentally updated and now you cannot downgrade and iOS 7 has serious problems with Voice over? Should they just suck it up and deal with it?

    Grow up.

  • Ari

    Do you need some money Fragility? How much do you need?

    50 bucks does not go very far. It won’t even cover the time he has spent on this case even at minimum wage.

    If you think 50 bucks is a lot of money then I suspect that you are still living at home. I spend more on transit monthly. A trip to the grocery store is more.

  • FragilityG4

    Does it have serious problems with VoiceOver?

  • FragilityG4

    There’s always something more to the story than meets the eye.

    Don’t get too angry, this is just a discussion.

  • gerry

    Could be worst. My friend bought a Galaxy S4, 16gb version and all what was permitted to was approx. 9gb, of available storage. No apps or digital content installed. At least with a 16gb iPhone will allow about 12gb or so.

  • SV650

    I thought automatic download was an option one had to choose. I do not recall any updates happening on either of our iPhones, I always initiated the download and install through iTunes.

  • xxxJDxxx

    Or you could read one of the many many reviews on the web before you make your decision to install.

  • dr evil

    Don’t be such an asshat dude. The guy doesn’t want cash. He’s doing it out of principal. Also, sidegrading to iOS 7 is NOT an upgrade to many, myself included. Happily staying at 6.1.2 jailbroken.

  • DDB

    I downloaded the upgrade, as I always do, given that upgrades address deficiencies. This particular upgrade has been very frustrating though because of the graphic changes. I loved the look of the old OS & did not anticipate any change to it. My dismayed response to the interface changes has been matched by friends and family also making the update change. No idea why that was done as it added nothing to improve user experience, nor to my knowledge were there complaints.

    Re: the $50. It is nothing, likely required to have the case registered in court. It certainly does not constitute a cash grab.

  • Hank

    I am a bit confused. Isn’t that automatic download user-configurable? Last time I checked it is. So why is this man complaining for again?

  • Hank

    The guy wants a babysitter. Lol. Someone to remind him what he himself set.

  • Hank

    Regardless of what outcome it may bring someone (good and bad), bottom line is, there is a setting for it with which HE himself set. As a mature person, HE should take responsibility for HIS OWN ACTIONS. No babysitting required. Unless …

  • Hank

    Focus on the cause. Not the effect. This is a self-inflicted injury.

  • Nick

    I’m pretty sure Apple does not download the update, especially one that large in the background with out the users consent.

  • NexXxus33

    At the end is costumer responsibility. We as customers must do our research and decide the proper course if action. If you are ignorant enough to have a ” I am victim” mentality then you shouldn’t deal with any legal or remotely close to it issues and let your parents or someone that knows what they are doing do it for you. IT’S A CHOICE

  • Julia

    I realize this is “old news” but I can’t help but inject my two cents on this 🙂 I am on limited bandwidth (mobile and a whopping 10gb/mos) and not high-speed, so, when I’m connected to my wifi the last thing I want our two iphones doing is downloading large files, and without any prompting or even a whiff of a hint that it’s about to happen. Yes, it used to be you didn’t need to worry because the user would prompt to check for software updates….but that’s in the past. Apples new bumrush with pushing it through to devices without so much as a “how do you do” is rude; considering many providers are whinging about bandwidth. At least have the courtesy to ask. Geesh.

    I’m ticked that Apple “stole” 70% of my bandwidth, and out of principle I’m on this guys side: in fact I wish I could get in on it. I’d like +$50.00 because that’s what it cost me in bandwidth, and I’d also like to have the space back on my 16gb iphone 4, since I’m stuck in contract for another year unless I was to buy out my contract for another $200.00! We were so peeved at our cell provider because why was our system so freaking slow? So yeah, I’m fairly confident that like me, the guy is cheesed off and it’s not about the $50.00. If he’s just looking for $50.00 just send it to him: bet you he won’t drop the charges … because that’s not what it’s about.
    Whew, longest post I’ve ever written! Thanks for reading, cheers!

  • Thanks for sharing your opinion. We’ve had others also voice similar situations. Definitely frustrating.

  • Mikka Vines

    Well Nick, you’d be wrong! The update downloads without consent if there’s more than 3GB room. It won’t install, but it will permanently “steal” 3GB of your precious flash storage. Only remedy is to “erase all contents & settings” and then hurry to fill up the empty space on your iDevice.