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Thursday 11th October 2007
Apple served with second iPhone locking lawsuit 9:44AM, Thursday 11th October 2007
Apple has been served with a second lawsuit claiming that its decision to lock the iPhone to AT&T's network is illegal.

The federal lawsuit was brought by on behalf of iPhone owners Paul Holman and Lucy Rivello, who claim that by not allowing consumers to modify their iPhones to work on other carrier networks, the Apple, together with AT&T, conspired to maintain a monopoly.

Earlier this week Timothy Smith brought a state lawsuit alleging that by refusing to permit users to unlock the iPhone, Apple is in breach of Californian antitrust laws.

Holman and Rivello allege that in addition to their monopolistic behaviour, Apple and AT&T have violated business practice, telecommunications and warrant laws.
 
 
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The last claim relates to Apple's refusal to repair or replace phones that have been hacked to work on another network or to load third-party software., since the warranty states that neither practice is covered.

No-one knows how many phones have been rendered unusable through the installation of unapproved software. Holman and Rivello's attorneys anticipate "millions"; Piper Jaffray analyst Gene Munster's estimate, based on field studies, puts the figure at around one-in-ten of the phones currently being sold, which makes it a long way short of just one million.

Whatever the figure, Apple's new general counsel has an inbox stuffed with iPhone claims. In addition to these two lawsuits, New York's Dongmei Li claims the recent $200 price cut violated price discrimination laws, while two separate suits attempt to chastise Apple for not letting users change the iPhone's battery.

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