Despite failing to implement any form of backup (not even iCloud), a man is suing Apple for wiping h - Polidicks

[url]http://www.neowin.net/news/man-sues-apple-for-wiping-his-photos-and-contacts-after-iphone-reset[/url] [quote=Neowin]Our gadgets can sometimes go wrong, and may even need to be taken to a repair center for a fix. And in times like these, it's important to back up all of one's data, in the event that the handset will be wiped. But in the case of a pensioner, this important step was not taken, leading to loss of data, and a lawsuit against Apple. Deric White, 68, pictured to the right, is demanding £5,000 (about $7,500) in compensation over the loss of his honeymoon photos with his wife, and 15 years worth of contacts stored on his iPhone. "My life was saved on that phone. I lost my favourite video of a giant tortoise biting my hand on honeymoon in the Seychelles," White said.[/quote]

The guy is 68 years old. It's not unfathomable to believe he had no idea he could back up his data with a computer, let alone with icloud. Not everyone's Grandpa is exactly up to speed with today's tech.

it's literally in the recommended steps before you go take your phone in for service to back up all data. granted someone else is at fault for not warning him(a genius bar employee, perhaps). something doesn't add up here, though. The original iPhone 1 didn't come out until 2007; at some point he had to have manually transferred data into his iPhone since he can't lost "15 years of contacts" on a phone which could only be 8 years old at most(extremely unlikely this is the case anyways). Plus, contacts are stored on the sim card if they're not stored on the phone itself. Something weird's going on here.

The technician didn't even ask if he backed up his phone after resetting it.

[QUOTE=UncleJimmema;49218071]The guy is 68 years old. It's not unfathomable to believe he had no idea he could back up his data with a computer, let alone with icloud. Not everyone's Grandpa is exactly up to speed with today's tech.[/QUOTE] I thought iCloud was part of the out of the box setup though on iDevices???

[QUOTE=wickedplayer494;49218164]I thought iCloud was part of the out of the box setup though on iDevices???[/QUOTE] I don't own an iPhone so I can't speak from personal experience, but my guess is it has an option to not use it. If he didn't know what it was he might of thought it was spamware or junk. Of course he also could have done it and has no idea as to how go access it either.

[QUOTE=wickedplayer494;49218164]I thought iCloud was part of the out of the box setup though on iDevices???[/QUOTE] When you first set up an iDevice, it asks you if you want to use iCloud and you have the option of hitting yes or no

say what you will but losing important memories like that because a retail worker neglected to mention that the data on his phone would be wiped when he had it serviced would be a very crushing realization. he's not demanding much at all, a few thousand is nothing in the grand scheme of things. i'd say he's in his right to ask for compensation. [quote]"It was only after staff fiddled around they asked if I’d backed my things up," he said. "My wife was in tears and I started crying when I realized what had gone."[/quote] y'all can scream about how he should've setup a backup but look at the dude, he's retired. hindsight is 20/20.

"iCloud? Whats that? I don't need this newfangled bullshit, I just need a cellphone!" >clicks no Not unheard of.

aw man I don't blame him. even young people skip the shit about the icloud tbh because they just wanna start using their new phone asap. i can imagine that he probably didn't even know what it was. idk what good suing will do but he's not in the wrong for being really upset about it. [editline]1st December 2015[/editline] oh he's gonna use the money for a second honeymoon. i kinda hope he wins. that's gotta be kinda upsetting to lose those kinds of things.

If staff dicked around with his phone BEFORE asking him if he'd backed it up, he's in the right. No matter how obvious it seems to us to back everything up, they should've checked beforehand.

What doesn't add up is even if he didn't do anything at all, when they go to service it, the software should have automatically made a backup anyway, that's how it was for the last few idevices I've had to take in, they made a backup as the first thing after I handed them the device

It's dumb that he never even thought about backing his phone up. If he dropped it or something he also could've lost all of his data. But at least he isn't asking for an unreasonable sum.

I read in the Metro paper this morning that he won around £1,500 compensation. [editline]1st December 2015[/editline] Yup: [URL]http://www.standard.co.uk/news/london/london-pensioner-sues-apple-and-wins-after-tech-giant-wiped-treasured-honeymoon-photos-from-his-a3126511.html[/URL] Well it's £1,200 and £800 in costs.

Cool! Backing up is so easy that I don't really understand why the workers don't do it after verifying that there's no online backup. That should be the norm.

I think both parties were at fault here. The man for not backing up his pictures (since he easily could've lost his phone another way) and Apple for just blindly wiping phones. For the price of their products you could at least expect an automatic backup.

[QUOTE=Darkwater124;49219892]I think both parties were at fault here. The man for not backing up his pictures (since he easily could've lost his phone another way) and Apple for just blindly wiping phones. For the price of their products you could at least expect an automatic backup.[/QUOTE] Once you consider this is a old man who doesn't seem to be that good at technology, I don't think both parties are at fault and more like someone in the staff is about to be fired.

my part-time job is helping old people with their computers/phones and there's simply no way i would ever risk losing my client's data(and i'd very likely get sacked if i ever did) i won't believe for a second that apple doesn't drill this into their employees as well. there's no easier way to make someone utterly despise you than oops-ing their files. a lot of these people only have single copies of things like important legal documents, the last 20 years worth of vacation pictures, passwords saved in plain text that they'll never be able to recover etc. obviously on a phone it won't be that serious but you simply don't take the risk, period. if you really want to wipe something without making a backup, get their consent and make sure they understand what you're about to do.

[QUOTE=Darkwater124;49219892]and Apple for just blindly wiping phones.[/QUOTE] Typically if they have to take it in for hardware servicing they wipe it as it's likely policy in the retail stores, presumably because iCloud is a thing.

[QUOTE=Darkwater124;49219892]I think both parties were at fault here. The man for not backing up his pictures (since he easily could've lost his phone another way) and Apple for just blindly wiping phones. For the price of their products you could at least expect an automatic backup.[/QUOTE] If both parties are at fault for an accident then the party with more resources and the best ability to have foreseen this is the one who has to cough up the money Standard contract law as far as I know. And it seems it was applied to this case.

[QUOTE=Dominic0904;49219695]I read in the Metro paper this morning that he won around £1,500 compensation. [editline]1st December 2015[/editline] Yup: [URL]http://www.standard.co.uk/news/london/london-pensioner-sues-apple-and-wins-after-tech-giant-wiped-treasured-honeymoon-photos-from-his-a3126511.html[/URL] Well it's £1,200 and £800 in costs.[/QUOTE] That's like a penny in poor people language.