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A California man is taking Apple to court over the recent iOS 7 update, which he says automatically downloaded to each of his family’s devices without his consent. Actually, the small claims court suit is titled “Mark David Menacher vs. Tim Cook.”

Apple’s over-the-air update mechanism for iOS is designed to make it easier for users to keep their devices up-to-date. But the problem outlined in Menacher’s complaint is that it automatically downloads a 1GB+ file, with no way to remove it…

CNET reports:

“Mark Menacher, a resident of Poway, Calif., filed a small-claims complaint against Apple’s CEO Tim Cook in the Superior Court of California in San Diego on Thursday, asking for the removal of the iOS 7 install file — something that’s downloaded to devices automatically when they’re connected to power and a Wi-Fi connection.

Some users were irked to discover this feature last month, which is designed to get users onto the latest version of Apple’s iOS software, updates that often contain security fixes and new features. However in the case of iOS 7, it also means a brand new look and feel of the OS, along with potential compatibility issues with some pieces of software, and a sizable download that can take up 1GB or more.”

This actually isn’t the first time we’ve heard this complaint. Last month, a thread popped up on Apple’s support forums with users claiming that iOS 7 had auto-installed on their devices, reducing their free hard drive space by as much as 15%.

It’s worth noting that the auto-download feature was present during the jump from iOS 5-iOS 6 as well. But to be fair, the jump from iOS 6 to iOS 7 was much bigger, with the latter sporting a new UI design and several other notable changes.

Here’s more from Mark Menacher:

“Apple’s disregard for customer preferences in relation to iOS7 is corporate thuggery,” Menacher said in a statement. “Steve Jobs was reportedly rough on company employees in pursuit of happy customers, but Tim Cook apparently cultivates a culture of contempt for customer satisfaction in pursuit of corporate profits. It is a policy that will eventually fail.” 

In his complaint, Menacher asks for a way to get rid of the downloaded file, as well as $50 in compensation. He also says he’s “considering” elevating the issue to a higher court, and exploring whether it holds ground for a class action suit.

What are your thoughts on all of this? Does Menacher’s case hold water?

  • Sleetui

    I think Apple originally should allow some control over the automatic download. What if some were to save that space for something else and than notice that its already taken up. Pretty ridiculous. Apple, get your shit together.

  • Drake

    Well I’m lazy AND I’m ignorant. And you need to go calm down, you f/$&@ing herb

    • Adan

      Hahaha… hit the nail in the head, didn’t I?

  • Riley Freeman

    always felt that apple should not be allowed to restrict which version of their own you can install. I bought the phone, it belongs to me. This whole stopped signing etc.. is nonsense and if i had the time or energy, id definitely be one of the people suing apple over this.

  • Dudić Miša MA

    I’d sue them on the same matter. It’ very simple: it’s me I would like to have control on my devices-not them. And no it’s not the most important thing in life for me.

  • Daniel

    okay I have a real question… My devices are jailbroken, I don’t want ios7 and wonder where the file is store and under what name? can I track it down in ifile and just delete it and free some space finally????

    • Jerwyn Feria

      Daniel, since your jailbroken. its pretty much preventing the update to be pushed to download unto your device. I know i haven’t had the notification in settings and even when I go into the option. the spindle just keeps spinning after one minute (wifi and carrier is 3mBps)

  • I blocked Apple’s update URL using OpenDNS and my router.

    No more updates on my network!!

    • WolfgangHoltz

      Yea but the crazy is that you shouldn’t need to do this to protect your own iPhone or iPad from updates. The same goes for the signing of the iOS also.

      • Jerwyn Feria

        its been a cat and mouse game with apple and updates. what would make things different now than before. every jailbreaker knows this, every basic use needs to know that they need things to prevent these things from happening

  • JS3

    this is absolutely unreal… worthless ass americans always trying to do ANYTHING to get a buck without going out and working for what you have!!! he could have turned off auto updates RIGHT FROM THE GET GO… apple should just flick him away like the little cockroach that he is! im rooting for apple on this one sorry!!!

  • prghon

    He’s damn right. Apple is a nazi about upgrades and that’s not right.

  • Can Ertekin

    I just don’t understand how so many smart people and problematic people can coexist in the same state. Sue Apple for automatic downloads??? For God’s sake this is meant to make your life easy and make your phone secure.