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Apple hit with class action lawsuit over iOS 9’s performance on older iPhones

In a new class action lawsuit, Apple is being accused of deceptive trade practices and false advertising due to its claims of iOS 9 being compatible with older iOS devices, primarily the iPhone 4s. The lawsuit claims that iOS “significantly interferes” with the performance of the iPhone 4s and that Apple is in the wrong for not allow users to downgrade to older versions of the operating system.

The lawsuit, which has more than 100 backers, goes as far to say that the iPhone 4s was rendered essentially unusable by the iOS 9 update (via AI). The members of the suit claim that app performance, of both first- and third-party apps, was hindered by the update, as was general device performance and touchscreen responsiveness. Some members claim they experienced freezes and crashes, as well.

The actual performance of the device is just the beginning of the suit, however. The lawsuit asserts that Apple, through “internal testing and/or through other means,” was aware of the effects iOS 9 would have on the iPhone 4s, yet it went through with the update and even advertised things like increased performance and battery life as improvements in the update. The plaintiffs argue that Apple should have at least warned iPhone 4s owners of the potential issues.

It doesn’t stop there, however. The suit goes on to argue that because of the iOS ecosystem, users are far more likely to buy a new iOS device than switch to a competition platform like Android. The plaintiffs argue that users don’t want to reinvest in nontransferable content such as apps.

The plaintiffs in the lawsuit are seeking more than $5 million in damages.

iOS 9 was criticized across the board when it first launched for slowing down even the newest generation devices. In our poll, 43 percent of some 33,000 responders said their iPhone was “significantly slower after the update.” iOS 9.1, however, claimed to fix that issue for most. The plaintiffs in this case, however, argue that the primary issue is “planned obsolescence” on Apple’s part.

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Comments

  1. Chris Conway - 9 years ago

    I’m hoping iOS X will be the final release for the 4S and will ACTUALLY optimise the performance really well this time with the option to minimise visual effects etc and strip it down to basic functionality. I like the form factor of that phone.

    • I disagree. I’m hoping iOS 10 goes 64-bit only & drops support for all 32-bit iOS devices. It’s time to move on.

      • Sacha (@SachaTheTechie) - 9 years ago

        I agree. Apple need to turn iOS into a more powerful platform.

      • jmiko2015 - 9 years ago

        It will and I believe it will be called more like… iOS X? Since it’s unusual for Apple to use number “10”

      • Greg Kaplan (@kaplag) - 9 years ago

        Isn’t it really kind of a non issue with ios 9? The new app thinning features mean you aren’t getting the cruft of supporting older systems on the new ones. I guess that could also be a future forward feature for some kind of big architecture switch or something down the line.

        Either way, I love my 4s but as soon as there is a smaller iphone I’ll probably update. Performance is really inconsistent. Sometimes it’s fine and I’m surprised by how fast an old phone did something and then other times it takes 40 seconds to open camera.

      • I disagree. For people who still need the old form factor iOS 10 is a critical upgrade apple should concentrate on. The merritt of the suit is sound and proves that.

      • Apple wouldn’t do drop support for 32-bit iOS devices for iOS 10 because that would mean dropping support for the iPhone 5/5c, which in return wouldn’t be fair since that means the iPhone 4s had a longer life span than that of the iPhone 5/5c.

      • dgatwood42 - 9 years ago

        Considering the iPod Touch product line just got 64-bit support in July and the iPhone 5c (also 32-bit-only) was just discontinued in September, I think that dropping 32-bit support in iOS 10 would be a bit premature.

        I would expect the iPhone 4S and iPod Touch 5th generation to be dropped in iOS 10, because they’ve already had four major OS updates (typical is only 3) since their release. However, the iPhone 5c was released in 2013 alongside iOS 7, which means it has only seen two major updates, so I would expect it to be supported in iOS 10, and possibly iOS 11 (if the iPhone 4s’s longevity is a harbinger of things to come). That would mean that we probably won’t see a 64-bit-only release until iOS 11 or 12.

    • crichton007 - 9 years ago

      That is kind of a fantasy. Most people were surprised that the iPhone 4S and iPad 2 were going to be updated to iOS 9. I’ve gave up my iPad 2 over two years ago because iOS 7 slowed it down so much; the performance on it now is so much worse I don’t blame people for being upset. The iPhone 4S is another story. My wife just moved off of hers and my mom still uses one and I don’t think that iOS 9 is noticeably slower than it already was when running iOS 8.

    • Avieshek - 9 years ago

      Keep dreaming ‘coz this is tge last updated, other than 9.x future updates

  2. marlon465 - 9 years ago

    hope Apple is moving their stuff all to iOS X, and people would see why they didn’t do so much to iOS 9

    • Apple did a lot more to iOS 9 than people realize – especially under the hood. It just happens that the hardware for the iPhone 4S / iPad 2 is showing its age.

      • crichton007 - 9 years ago

        The iPad 2 was showing it’s age over two years ago but Apple kept it around to appeal to the education market.

      • @crichton007: I don’t disagree. I wonder if Apple should but a “limit” on software upgrades. For example:

        iPhone – 3 years
        iPads – 4 years
        Macs – 5 years

        And let buyers know ahead of time.

      • Avieshek - 9 years ago

        How did you add u’r twitter handle right here in comments alongside u’r name?

      • @Avieshek: When I log in with my Twitter account, it automatically pulled in my information (name, Twitter handle) from my Twitter account. I didn’t really do anything else.

  3. mmorris4464 - 9 years ago

    I think its time for people to date their phones, if they have a 4S. The phone was released in 2011. Of course its not gonna be fast. Apple needs to go all 64-Bit for iOS 10. I think the phone is obsolete.

    • Agreed. This is much ado about nothing.

    • AeronPeryton - 9 years ago

      Apple gives really old hardware current software and security updates (far beyond anyone else in the mobile industry) and they complain. So Apple says Okay, this hardware is too to be upgraded. Now they’re spitting fire! ;)

      • mpias3785 - 9 years ago

        Damned if they do. damned if they don’t. Android people bitch because their phones don’t get enough updates, Apple people bitch because their phones get too many updates.

        Too many people just don’t get that old hardware is slow hardware.

        There must be something in the EULA that covers this. I think this should and will be thrown out of court. That being said, I think Apple should keep the prior version of iOS signed for the year it takes for the next version to be released. No good reason not to, and it would protect them from this sort of ignorance based nonsense.

      • Malk A Zoid - 9 years ago

        Um, no. People are right to be upset because they can’t downgrade once they have put IOS 9 on their device. Apple doesn’t let you. That’s the problem. If people could revert to the older OS that worked just fine with their older phones, they wouldn’t be upset. This, BTW, is common sense and noone should have to explain it, let alone sue Apple over it. But its Apple’s fault for barring folks from downgrading. They lure folks to upgrade to IOS 9 saying it will BOOST performance, knowing full well it will decrease performance on many devices, and they bar people from downgrading once they realize upgrading was a bad move. Its deceptive, and they will lose the lawsuit.

        Upgrading your phone every year or two is harmful to the environment. You think its just you and your little device, and what harm could it do for it to be replaced whenever you want a new gadget? Remember there are hundreds of millions of people with phones – the production of which uses harmful chemicals, and many phones don’t get recycled. Keeping your phone for as long as it serves well is a great thing you can do to reduce environmental destruction. New generations of phones nowadays add VERY little real functionality. I kind of consider folks who can’t wait to upgrade as suffering from a rather sad form of addiction that is harmful to the planet.

    • JBDragon - 9 years ago

      Apple would get sued for doing that!

    • Fred (@Chocapeek) - 9 years ago

      Installing iOS 6.3.1 on a Iphone 4S or iPad 2 will make it as fast as the day when you bought it. Apple shouldn’t push this irreversible (except on the two devices I mentionned) iOS upgrades on old devices. Maybe just security patches.

    • Roger Bower - 9 years ago

      Nice you can make that decision for the rest of us, maybe remember that Apple isn’t the main device for some folks who are on legacy hardware just for times we need more connectivity. All we’re asking is to be honestly told if we should upgrade or not so our phones don’t brick. Not asking for lightning speed, just the functionality we had before we were encouraged to hit the Update button. I’ll decide when I need more speed or features.

    • jimgood - 9 years ago

      The phone works fine. The iPad 2 works fine. What does not work is the update. The devices aren’t obsolete. I use an iPhone 3Gs that works great running 6! I’d bet my iPad 2 would work fine on 6 too if there was a way to go back. Even if I bought a brand new device to run some newer apps I’d still like to use the iPad2 for things like browsing the internet, which I do fine on my old phone. It can take minutes to type in a phrase to Google. The “Updates” made things better for Apple, not the consumer. Throwing away perfectly good devices because an “update” renders them obsolete is incredibly bad for the environment too. It’s stupid. Just because you feel the need to blow wads of cash updating to newer phones and devices doesn’t mean everyone should have to, and just because it’s not a problem for you doesn’t mean it isn’t a significant problem for millions of other (soon to be former) Apple customers. Apple need to get their stuff together on this. Brutal.

  4. piotrc (@chwalekpiotr) - 9 years ago

    Apple over is soming…faster with every minute.

  5. Scott (@ScooterComputer) - 9 years ago

    The kicker here is the prohibition on downgrading. And I hope Apple gets its ass handed to it in court for that anti-consumer behavior. It is a policy beneath the Apple I believe in.

    • Wyatt - 9 years ago

      Not being able to downgrade is usually because of all the under-the-hood changes that happen. You can’t guarantee everything will go back especially since the average user will back up the new OS plus apps and date and expect to downgrade the phone then restore with that latest backup and expect it to just magically put everything back or wonder why it states it can’t restore from that particular backup and they have no other to restore from therefore losing everything.

      • Scott (@ScooterComputer) - 9 years ago

        Your reply got Liked by 4 people, but it is claptrap. First off, Apple already has a mechanism that will not allow “too old” apps to go on newer devices, so they pretty simply could also do a “too new” app limit too. Further, iCloud backups automagically will install older versions of apps on older devices when you restore backups to them now. As to settings that are not compatible between newer and older versions, that is Apple’s fault. No reason the CFPrefs system in OS X and iOS doesn’t support versioned key-value pairs. Not like it hasn’t been around for over a decade or anything. All of that is Apple being Apple being stupid. (Hence the lawsuit to begin with.)

        Plus, all of the iTunes backup failures I have presided over have ZERO to do with the actual CONTENT that got backed up, and everything to do with Apple bugs, manifest problems, and “because we said so” restrictions. How do I know? Because I have actually spent the time injecting content from newer backups that iTunes refused to restore into OLD backup manifests, and then used older versions of iTunes to restore them to devices running older iOS software versions. The content was fine. You see, that’s what people who know what they’re talking about do to KNOW WHAT THEY’RE TALKING ABOUT. Otherwise, you’re just spouting Apple’s propaganda and not actually HELPING the issue.

        Next you’re going to pull out the “it’s because of the baseband” tripe…

  6. SKR Imaging - 9 years ago

    The only reason they disallow downgrading in my opinion is because of Jailbreak security holes.

    • cdm283813 - 9 years ago

      Another reason is that fragmentation will now look like an Android pie chart. Apple prides themselves when millions of people are on the latest version after a few weeks.

      • SKR Imaging - 9 years ago

        True.. those Keynote Pie Charts are essential for marketing and investors..

  7. AeronPeryton - 9 years ago

    I guess it’s that time of the week, huh?

    iOS runs faster, not slower, on older supported devices than the previous versions, same goes for macOS. Apple has been busting their balls and doing a very good job of making sure they don’t do another Lion or iOS 7 again.

    • jamesjonesdet - 9 years ago

      You are delusional… Every new version of iOS and Mac OS running on older hardware show noticeable slowdowns from the previous version. You and Google, Bing or Yahoo that all day for benchmarks.

      • Avieshek - 9 years ago

        El Capitan actually smoothened my non-Retina MacBook Pro running HD4000 graphics

      • rnc - 9 years ago

        Now, you are delusional. You have spent too much time on YouTube and forums.

        The reality it’s that’s faster. Controlled tests show that.

      • chrisl84 - 9 years ago

        @rnc, you are the delusional one, please show me these “controlled tests”

      • JBDragon - 9 years ago

        Ya, iOS updates cause the iPhone to run SLOWER. my iPhone 4 with iOS7 was dog slow!!! Then again I used that phone for over 4 years. Started with iOS4, got iOS5, iOS6 and iOS7 on it and all the smaller updates also in that time. It got slower and slower with each update. Even my iPhone 6 now which came with iOS8, it was snappy, but with iOS9 o it, it’s not as snappy as it used to be. I’m sure it’ll get even worse with iOS10. AS iOS grows and gets more and more features, the older hardware takes a hit The thing is, that’s how it’s always been on every platform out there. My Windows PC get’s slower when a new Windows Upgrade!!!

        There’s a reason why CPU’s keep getting faster and more and more ram, and more and more storage space, and so on. Man, if you could run a program that used to be on a 286PM now on a current PC. it would fly and hand take up very little space. The current PC would be compete over kill, and yet it’s cheaper now by a mile then what the cost of a 286PC was back in the day!!!

        These people with a old iPhone 4S, don’t worry, you won’t see iOS10 on those phones. It’ll be limited to the iPhone 5 and up. If you didn’t want to slow your old phone down, you shouldn’t have upgraded the OS. Apple gave you the choice, if your choice was to upgrade, that’s on you!!!! Can’t stay in the past forever. Maybe these people will be better off with a Dumb Phone. They basically just stay the same for as long as you have them.

    • Greg Kaplan (@kaplag) - 9 years ago

      I think 9to5 did video comparisons of an iphone 4s running 8.2 and 9.1 and you can see just how much slower it is to load apps. They finally sped up animation time and do frame dropping so I think most of the “speed” is perceived speed (I’m not complaining) and not actually better performance.

      I don’t know. Some new features save me time which generally makes up for it being overall slower. It’s not nearly as bad as it was in ios 7 days. I really resented Apple for it.

    • Fred (@Chocapeek) - 9 years ago

      You should try iOS 8 on an iPad 2. Then switch back to 6.1.3. The performance increase is impressive. It’s like buying a new iPad.

  8. This is exactly the reason, why it really matters of HW Apple puts into iPhone when they release them. Because in two years forward, you will be forced to buy another iPhone just because Apple tried to save money on RAM in the first place.

  9. marcbigio - 9 years ago

    Omg, why not just please the 100+ users. Instead of giving them 5,000,000 dollars. Just give them all the needs iPhone. Because that’s all they are complaining about really.

  10. Bob Pugh - 9 years ago

    I have the 4S & use OS 9….better performance, not worse than 8.0..this claim is total BS!

    • Malk A Zoid - 9 years ago

      Oh great Bob – so because your phone responded well, the claim is BS? That’s like wanting everyone to sing ‘Happy Joy Joy’ just because you’re having a good day. It is not the way the world works!
      Phones are a complex ecosystem of hardware and software, and not everyone will have the same experience after an upgrade.

  11. Austin A Linstruth - 9 years ago

    With a little bit of work, you can downgrade to iOS 6 on the 4S. I was very disappointed at how much better it runs. I would almost say it’s faster than my 5S on iOS 9… iOS 6 will forever be my favorite.

  12. JASALINAS (@zeekolor) - 9 years ago

    my wife continuous to use the operating system that came with the 4S and works just fine – like she wants a phone without all the hoopla – as a matter of fact her 3G is much better than my LTE on my 6plus on the At&t network – the 6s basically has to be on wi-fi or i just turn of LTE. I guess expect a four cylinder to behave like a 4 cylinder with todays technology. You need an upgrade to a V8.

  13. Robert Latterman - 9 years ago

    This is a cheap shot at $$$$$$$$$$$$….. Nobody ‘forced’ anyone to upgrade….. and it’s a well known sad fact that older hardware just does not perform with newer operating systems….. My son has a 4s recently upgraded to 9.2 and I asked him about recently…. he indicated it “works fine” maybe a little slower for some things but over just fine….. This is 100 backers trying to make a fast buck…… (and the really sad part is that the court system is stupid enough to grant them a settlement……)

    • Malk A Zoid - 9 years ago

      You would not say that if you were one of the many people who believed Apple’s claim it would make their phone faster, and who ended up with much slower devices, lots of random crashes, sometimes in the middle of calls or important operations. Your son’s experience is only one of many millions, but I guess the human mind is predisposed to believe their experience is the only valid experience out there.

  14. cerberusthewise - 9 years ago

    In an alternate universe where Apple dropped support for iPhone 4S with iOS 9
    “Class action lawsuit against Apple for not supporting older devices”

  15. My iPhone 4s works surprisingly well with iOS 9 but there is one issue thats just not OK: battery life.
    Its well known that iPhone 4s and 5 turn of between 40 and 10% battery with iOS 7 and newer. Seems to be a conscious move by apple to get people to move to newer models, wich is really frustrating since I’m completely happy with my iPhone 4s if it weren’t for this. I wonder why there is no lawsuit about that?

    • Greg Kaplan (@kaplag) - 9 years ago

      Low power mode is essentially just reverting to how ios 6 worked. If you don’t want to turn on low power mode, look at what it is doing and turn off those features.

      • JBDragon - 9 years ago

        Yes, go into Settings and scroll down to Battery. It’ll show you what apps are using how much better in the last 24 hours or last 7 days. Look and see what’s hogging so much battery!!!! Come in handy. For me right now, it’s Downcast at 40%!!! Ouch!!!

  16. MK (@MathiasMK84) - 9 years ago

    Oh my gawd… 5 million $ for a 4 year old phone phone that now doesnt run as smooth as someone wishes. Someone doesnt have a life and wants easy money. Hope they wont get a single friggin dollar and will have to pay for the court.

    • cats774 - 9 years ago

      The thing about Apple devices are that they’re actually quite durable. They can last years. So of course you still see people with iPhone 3’s, etc.

      I didn’t have the money to get an iPhone 5, so after using a cheap iPod 4 for about four years I upgraded to iPhone 5. I installed iOS 8, because Apple said themselves that it would increase performance. And my device on the list of iOS’s that Apple is signing, which is iOS 9. What kind of cr+p is that? How is that my fault?

      I want to ask Apple, Why is the iPhone 5 able to run iOS 9?? And I can’t downgrade either. It has nothing to do with money. I’ts their service. If I could sue them I’d sue, but they can keep their money, I just want the device I paid for to function the way it was meant to. Simple as that.

  17. rnc - 9 years ago

    Another case to be dismissed, and the lawyers will make their day.

  18. jaceldeguzman - 9 years ago

    Now this is insane. What do these people smoke?

  19. appleo - 9 years ago

    I COMPLETELY AGREE.
    My 4s now is as slow as a turtle, and I can’t downgrade. When I’ve known that I went crazy, and now the only option seems to buy a new phone… I don’t know how longer i’ll resist to this slo-mo speed. I’m using it a lot, even for work, and this really slows me down. And the battery life……….
    I just hope that this lawsuit will make a difference, and soon.

    • lkrupp215 - 9 years ago

      Don’t worry, you’ll get your $5 iTunes coupon settlement soon enough. Maybe you can put towards a flip phone.

    • (as of 12/30/2015) If its on 8.4.1 or lower you can go back to 6.1.3

    • mpias3785 - 9 years ago

      How high up your back did your arm have to go before you agreed to upgrade? Apple keeps the old OS signed for a while after the new OS is released so you had the ability to go back. BTW, the battery loses capacity over time. After two years I had close to 600 charge cycles on my 5s and the battery life was suffering. A replacement battery for the 4s is $20 on ifixit.com or $25 with the tools to help you do it.

      • JBDragon - 9 years ago

        Look on Amazon, a New battery and tools is eve cheaper. Replacing a batter on the 4 and 4S is so simple!!! A couple tiny screws on the bottom, the back cover slips up and off and the battery is right there in front of you. A couple tiny screws that hold the connector and swap away. Reverse, and done. Now you have a new battery that will last a few more years. One thing great about these phones, the battery replacement was so simple. It’s more work to replace the screen and I’ve done a few of those for people.

      • Malk A Zoid - 9 years ago

        Nobody forces anyone to upgrade, but Apple absolutely does entice people to do so, and they do so by making certain claims. It is those claims, the untruthfulness of those claims, and the fact that people can’t downgrade to 8, that give basis to the law suit.

  20. Will (@CaffeinatedNoms) - 9 years ago

    This is another case where car analogies work wonders.

    Can you sue Ford because your 1996 Escort came with a radio that can’t play modern DAB stations? No.
    Can you sue Ford because your 1996 Escort came with an engine that doesn’t have as good fuel efficiency as a 2015 Focus? No.

    Can you sue Apple because a 2015 OS release runs slow on a 2011 device manufactured long before the basic spec of iOS9 was even drafted? Yes. But you shouldn’t for the exact reasons above.

    • Malk A Zoid - 9 years ago

      You analogies work wonders? Wow…
      Maybe if Ford had advertised that upgrading some aspect of your 1996 Escort would allow you to play modern DAB stations, when in reality it caused many people’s radios to LOSE functionality, rather than gain it… and then Ford makes it for all intents and purposes impossible for you to remove the upgrade they wanted you to make… maybe then your analogy would work, but of course we’d do best to admit a car analogy is going to be piss-poor here.

  21. Joe Barnickel - 9 years ago

    Wah wah wah. The newest OS doesn’t work on my old equipment, so I’ll just sue Apple. That’ll show ’em. Asshats.

    • ericisking - 9 years ago

      Old equipment? I’m not down with all this suing business, but the idea that the iPhone 4S is “old equipment” shows that Apple has got us right where they want us. My Macbook is 4 years old, and runs like a dream, and runs the newest OS without any problems. The iPhone 4S was still for sale in the Apple store until September 2014 (and is still on sale in some countries). So you’re saying that a brand new phone I might have bought from Apple in September 2014 is now “old equipment” and that I would be delusional to expect it to work with the software which Apple told me to install?

  22. Will Van Gelderen - 9 years ago

    Its a catch 22 for Apple. People complain if their device doesn’t get updates anymore similar to what happens on Android, but then still complain when said device gets the update and is then slower.

    The problem though for Apple is that while I like that they offer the updates for older devices, they cannot continue to say those older devices will run better when in fact with any mobile phone or pc/mac a newer os will always impact older hardware.

    I just wish they would allow people to skip the updates if they want and not nag them about it continuously or allow people to download the older iOS versions for certain devices

    If Apple wants to continue down this route, they need to do what Microsoft did and design the updates or OS for the lowest phone they will support and port up. So if for iOS 10 they want to support the 5 /5c still, design for that and up, not the other way around

    I’ve got a 5c, horrible lag compared to iOS8, can’t downgrade and have done several full resets to see if it fixes performance. Its just the way it is now I guess

    • mpias3785 - 9 years ago

      Apple shouldn’t have to cater to the lowest common denominator. I had a 5s and saw no noticeable difference in performance between 8 and 9.

      • JBDragon - 9 years ago

        I notice my iPhone 6 is not as snappy with iOS9 as it was with iOS8!!! I’m sure it’ll slow down a little more with iOS10 also. It’s how it works. As CPU’s get faster and we get more Ram and more storage. The OS and the Apps that run on it get larger and larger to make use of it. It all moves forward. This is nothing new. This is exactly how computers have ALWAYS been and the iphone is a small computer!!!

        If this is a issue for you, get a dumb phone. They don’t get updates. They don’t get slower over time. They are what they are.

      • Will Van Gelderen - 9 years ago

        They shouldn’t have to cater to the lowest denominator correct, but then why offer the updates at all on older devices, or nag people with those older devices to update. And if you do update, you can’t downgrade. I’m just saying, if they want to support older devices that fine, but at least make sure they are not crippled.

        I know this is natural with any OS on any phone or even desktop computer, but at least on the desktop OS’s you can downgrade if needed

      • mpias3785 - 9 years ago

        Will Van Gelderen, Apple gives you a choice. You can upgrade if you want the new features but at the risk of slowing down the phone. If you’re an early adopter you can revert to the older OS if you don’t like the results.

  23. Apple is stupid and deserves this lawsuit! I want my 7.1.2 back, my 4s is unusable now, my wife installed the 9.1 and it fucked my phone.

  24. jerenyun - 9 years ago

    If Apple hadn’t released iOS 9 for the 4S, I’m sure there would be plenty of people giving a similar argument: Apple drops support for old devices as part of “planned obsolescence.” These are just whiny people. If you’re using a 4 year old iPhone, it won’t perform as well as newer devices. And I’d rather take updates of some kind over no updates at all, especially since even the 4S on iOS 9 doesn’t run bad at all. My mother-in-law has my old 4S with iOS 9.2 right now and it performs fine.

  25. Pro SuperTech - 9 years ago

    There is a really big chance that Apple will move to a 64 Bit only iOS next year, because Apple actually, started to allow developers to make 64 bit only iOS apps, with the iOS 9 SDK. That will make iOS a more stable and power full platform.

  26. Everett Clark Davis - 9 years ago

    iOS 9 is really not that that much different form iOS 8. I mean they added a back button, they added a list of apps and contacts you might want, etc. Why does it have to cripple older devices? Apple has always denied features of updates to devices that can’t handle them (spilt screen on iPad). Call me crazy, but I’d rather they withhold whatever new features are making my older device so slow. That way, we get security, they get to say almost all iOS devices are up to date, and we get our devices….

  27. Erik Häusler - 9 years ago

    Perhaps it’s a good idea in general to set a limit to the major upgrades a device should endure. Then just let our computers and handheld devices age gracefully. Older devices weren’t built for newer systems as most of us realized.That’s probably not gonna change during our lifetimes.

  28. I honestly think this is one of the most stupid lawsuits Apple has been hit with. Technology gets old, and therefor slows down. If your device gets slower with each update, then stop updating. It’s honestly a really obvious solution. Apple has just tried to hold onto their last 3.5 inch device, so that those who prefer it’s size to the 4-inch, 4.9 inch, and 5.5 inch phones. The iPhone 4s is also a commonly used phone for the US government, and I’m sure other governments. Apple has tried to hold onto support for as long as they can. You can disagree, but I really do think this is a stupid lawsuit. Just like the lawsuit on Apple’s updates being “to big.” Seriously?!

  29. arezhik - 9 years ago

    So Apple says you can’t revert but “holy moly!!!!” Google search brought up 5+ guides on how to revert iOS9 to iOS8.4.1 and still further back….

    But you can’t revert your iOS I suppose.

    • Malk A Zoid - 9 years ago

      I guess you didn’t go further than looking at the first page of results, and didn’t click on them, Arezhik? The internet has bred terminal laziness in some, or perhaps just arrogance. You have to jail break your phone to revert, something many folks are not willing to do, or are not proficient enough to deal with the potential headaches that can cause. They should not have to be. Apple’s main selling point is that they’re stuff is just supposed to work, and be usable and fun for non-technical people. Jail breaking, asides from not being sanctioned by Apple, completely contradicts the experience MANY Apple users signed up for in the first place.

      • arezhik - 9 years ago

        Firstly never assume anything. I have done this several times with all my phones, and the procedure is really the same for reverting back to any previous version. I have never had to jail break ANY model iPhone to do so.

        I tested this for kicks and reverting back works for my 4s.

  30. shealy128 - 9 years ago

    Oh no, Looks like a few people (100 Backers) don’t like the sales tactics of Apple. Listen, there is false advertising everywhere… And to sue a company like apple for 5 million dollars because an “older device” is becoming outdated… It’s outrageous! Phones arn’t made to last that long and your lucky you got an update period! How do you “EXPECT” a phone which was designed in 2011 to last that long? They don’t update the hardware every year. That’s what the new phones are for.

    I’ll give you some insider tips… It’s time to upgrade… The normal plans with the two year contracts allow it…and even now with AT&T being the last company getting rid of two year contracts, upgrading is even easier… Why on earth would you keep the iPhone 4s for 4 going on 5 years now? I may have an answer. “I don’t see myself spending 199.99 on a phone every two years”.

    Here’s your solution. Don’t buy iPhone. Apple doesn’t force you to buy their phone or even keep it after 2 years… They don’t force you to update… If you want something cheap. Go to android. Nothing is perfect, as much as companies say it is. Each President is guilty of false advertising, do you see them getting sued… No. So grow up and get over it. Upgrade or go to android.

    And to those upset that you can’t transfer your content from Apple to android or vice versa… It’ll never happen… It’s business… Best Buy isn’t going to take the remaining $25 off a Walmart gift card and use it for your purchase… You knew you wouldn’t be able to transfer it when you bought it… So don’t be the little kid in the check out lane because your mother won’t buy you candy!

    Case closed, lawsuit denied!

  31. Anastasia Natasha - 9 years ago

    hey guys, i need your help ?.. i just restored my iphone, i dont know to bypass the activation screen in ios 9.2 and i forgot and dont know the details of icloud.. i’ve been seeking for help on how to do this.. i found a site that has unlock a while ago, http://www.icloudunlock.biz is anyone familiar with this? can anyone help me? pleeeeeeaase..

  32. cats774 - 9 years ago

    Apple still controls us, even though we paid for the damn product. F*** this. I used to like Apple but not anymore. I hope these people win the law suit.

  33. I upgraded my iPad mini and the slowdown is noticeable. Why take away the option to downgrade? Ever since Steve Jobs passed this has been a debacle of greed and consumer shafting. This will be the end of Apple as even their most staunch fans are put off.

  34. Kim Powers - 8 years ago

    Apple intentionally writes the code to make older devices run slower. It’s a marketing scheme that will prevent me from ever buying another apple product. I love My Ipad 2, but it keeps getting slower with every update. The lack of versatility also bugs me. Getting photos off of it to store, or not being able to plug in a thumb drive/SD card for external storage is another deal killer. Apple is just too controlling and honestly, I hope they go bankrupt.

Author

Avatar for Chance Miller Chance Miller

Chance is the editor-in-chief of 9to5Mac, overseeing the entire site’s operations. He also hosts the 9to5Mac Daily and 9to5Mac Happy Hour podcasts.

You can send tips, questions, and typos to chance@9to5mac.com.

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