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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?