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Lawyer Sues Apple For Renting Him HD Video For An Older iPhone

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Apple hd movies

Scott Weiselberg, a lawyer based in Florida, has filed a class acton suit against Apple, complaining that the Cupertino company deceived him into paying “$1 more for the HD version of a film”, even though his older iPhone did not support the format. GigaOm reports that the lawyer had rented “Big Daddy” from iTunes on his iOS device in HD format, even though iTunes was able to recognize that his iPhone was SD-only.

In a complaint filed in June in San Francisco federal court, Scott Weiselberg says Apple violated consumer protection laws and should compensate him and everyone else who paid $4.99 to download HD versions of movies and TV shows to older Apple devices. 

The complaint says that Apple sold over 49 million of the older devices.

According to the complaint, the first three versions of the iPhone and the iPod touch do not support HD video but Apple nonetheless made HD the default option for these devices when it released iTunes 8.0 in 2010. As a result, consumers like Weiselberg paid extra for an HD version even though they ended up receiving an SD version, the only format playable on their older devices.

The filing accuses Apple of fraud and violation of consumer protection laws, though it  does not seek a specific dollar amount.

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  • Jake

    So he couldn’t choose the SD link instead? lol. They give you an option. Seems dumb to rack up all those legal costs which he’ll probably lose after accidentally spending $1 more on something.

  • Doug

    Again, this just shows the laziness of the general public to learn about their devices to determine what will be the best choice for their purchases. Besides, and correct me if I am wrong, but because you rented the movie on your phone, that doesn’t mean you cannot watch it on another device that will allow you to watch it in HD format. That said, wouldn’t a person as educated as a lawyer be able to figure that out?

  • Marco

    what a dumb ass lawyer, I bet he wasn’t getting any cases and that extra $1 really cut him short… haha..

  • Chrome262

    I feel everyone who paid the extra money should consider it their fee for being a moron. Not for letting the default be picked for them, but then not realizing they could see the HD version on their computer and joining the suit. In fact I see Apple getting out of this just by saying ” he can watch both versions for the price of one, how is that fraud”

  • 1His_Nibs1

    I’ll probably get ripped a new one for this but I think BOTH parties are to blame here. If iTunes can recognize the device that’s downloading is SD then that should be the default for that device. I agree with Doug’s statement regarding people’s laziness BUT I also think Apple was taking advantage of this “laziness” to begin with (hell, I’m guilty of not reading my credit card’s terms and conditions). Yes, I realize that he could have probably viewed the content on another device capable of HD, but if the device being used for the download isn’t HD, then the devices format ability should be the default with the option (popup window) asking if you’d prefer to download the HD version.

  • Jason

    This I find amusing lol. People will sue for just about any reason nowadays

  • mcfilmmakers

    Except he isn’t wrong. If he did pay for an HD version and received and SD version, he was scammed.

  • mcfilmmakers

    But he can’t. He paid for an HD version but received an SD version. There;s no stupidity there – he didn’t get what he paid for.

  • Matt

    He can always download the HD version again without paying another time.

  • Doug

    He received a HD version to watch, but he can only watch it in SD on his phone. Other than that, though, he can watch it on any other Apple device or iTunes in HD (even if only by laptop or PC).

  • ChrisSteves

    He may get his 1$/download he made. Totally worth the lawyer fees. Even if Apple was wrong I highly doubt they would be forced to reissue credits to everyone who bought HD on a non HD device.

    I mean he could still watch the HD version on his PC by transferring from the phone.

  • Chrome262

    He actually gets both versions.

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