Judge Andrew Napolitano charges Apple with phone fraud (video)

Fox News takes Apple’s $500 million throttlegate settlement to a higher court.

From “Is Apple committing phone fraud?“:

The original allegation was that they slowed down the speed of a phone to force you to buy a new one. That is an act of fraud.

Cue the Fox News video:

My take: I don’t watch much Fox News. Is this how the judge usually rolls?

14 Comments

  1. Thomas Larkin said:
    Garbage click bait. And ridiculous analysis. Judge turned into click bait generator.

    2
    March 4, 2020
  2. Gregg Thurman said:
    IF Apple’s motivation was to force you to buy a new phone, then Napolitano’s assessment is accurate. The problem with his statement is proving that Apple’s motive was, in fact, to force those sales.

    It’s been three years since the act, and no legal jurisdiction has accused Apple of fraud (even after looking into the matter), ergo there wasn’t then, and there isn’t now, proof that was Apple’s motive.

    Napolitano’s statement became clickbait when he left out an important qualifier “that is an act of fraud IF TRUE.

    3
    March 4, 2020
    • Jim Fournier said:
      Typical piling on from people who do not really understand the issue.

      2
      March 4, 2020
    • Jerry Doyle said:
      @Gregg Thurman: Excellent comment and analysis Gregg. You honed why this issue is nebulous to many in the public. In so doing, you showed how the issue easily can be exploited to appear that Apple may have had ulterior motives to deceive. I do not believe Apple had ulterior motives, none on this forum does and as you denoted clearly, no legal jurisdiction to my knowledge has accused Apple of fraud.

      The good judge has over reached in his assessment. I suspect if he heard and read all the information so that he could better deconstruct Apple’s intent then Judge Napolitano would revisit his current view.

      0
      March 4, 2020
  3. Fred Stein said:
    I got through 2/3 of it. It was just one ignorant comment after another.

    Consider the source.

    5
    March 4, 2020
    • Gregg Thurman said:
      Consider the source.

      The source is a very intelligent person whose motive is no longer to administer the law but to generate eyeballs with the seeming unbiased view of a judge.

      He remains intelligent but has a different job than in the past. He is now a “news” media personality.

      2
      March 4, 2020
      • Aaron Belich said:
        He knows who pays him, and he knows his audience as any ‘good’ media personality knows how to put on a show to keep them coming back.

        Whatever keeps the ad agencies coming back and the producers happy.

        Roll on with the stupid. Fox isn’t the only ones putting this type of dumb on display. The industry is rife with it.

        1
        March 4, 2020
  4. Paul Brindze said:
    “Presumed reputable news organization “

    ??

    Are you really unaware that almost all of what Fox airs is riddled with lies?

    4
    March 4, 2020
  5. John Konopka said:
    I wonder what they hope to gain from this? This issue has been settled. What do they gain from attacking Apple with this nonsense?

    1
    March 4, 2020
    • Aaron Belich said:
      They get what every website gets. A unique browser cookie identifier noting that you were shown whatever ads in the video or on the related landing page. If your cookie clicks through other crap, more info is collected and ultimately percentages of US dollars exchange hands. If the video goes viral, as all content creators wish for, then the data and dollars roll in. It doesn’t matter what side of the conversation you are on, at least not at first, just that your browser checked-in to their system. Additional attempts will be made to show you what they think you want to see based on anything unique about your browser cookie identifier and whatever related hooks it’s collected from other sites and services. All to keep you engaged, or even better, hope that you spread the love to everyone you know.

      Follow the money.

      4
      March 4, 2020

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