Apple fails to dismiss lawsuit claiming That It ‘broke’ FaceTime

Apple Inc has failed in its bid to dismiss a lawsuit claiming that it disabled the FaceTime video conferencing feature on iPhones to upgrade.

U.S. District Judge Lucy Koh ruled late on Friday that iPhone 4 and 4S users can pursue nationwide class action claims that Apple intentionally “bankrupt” FaceTime to save cash from routing calls via servers owned by Akamai Technologies Inc .

Neither Apple nor attorneys for the plaintiffs responded to requests for comment on Monday.

Apple started using Akamai’s servers after losing a lawsuit in 2012 in which VirnetX Holding Corp claimed that its patents were infringed by FaceTime technology.

Testimony from a 2016 retrial in that case revealed that Akamai was paid $ 50-million in a period by Apple.

The plaintiffs said Apple created in, and a less costly alternative because of its iOS 7 operating system April 2014 FaceTime on systems and iOS 6.

Koh said some loss was alleged by the plaintiffs to their mobiles’ value, and might attempt to demonstrate that Cupertino, violated state consumer protection laws and California-based Apple’s conduct constituted a trespass.

The San Jose, California-based judge double quoted from what the plaintiffs stated was an Apple employee’s internal email characterizing iOS 6 users as “basically screwed” due to the disabling of FaceTime.

She rejected Apple’s argument that the plaintiffs suffered no financial loss because FaceTime was a “free” service.

“FaceTime is a ‘feature’ of the iPhone and thus a part of the iPhone’s price,” Koh said in a footnote. “Indeed, Apple promoted FaceTime as ‘one more thing which makes an iPhone an iPhone. ”’

Christina Grace of Ken Potter, and Marin County, California of San Diego County, California, who possessed the 4 leads the plaintiffs. Akamai wasn’t named as a suspect.

The situation is Grace et al v Apple Inc, U.S. District Court, Northern District of California, No. 17-00551.

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