filed Friday in in U.S. District Court in Oakland, claims the iPad
"overheats so quickly under common weather conditions that it does not
function for prolonged use either outdoors, or in many other warm
conditions..." The suit throws Apple's claim
that "reading on iPad is just like reading a book" in the company's
face: "...using the iPad is not 'just like reading a book' at all since
books do not close when the reader is enjoying them in the sunlight or
in other normal environmental environments." Damn, they had a good line
going there until the "environmental environments" bit.
Anyways, the suit alleges that the company has simply ignored the talk in the blogosphere about
the iPad getting hot under the collar. It smacks the company with
charges of fraud, negligent representation, deceptive advertising
practices, and unfair business practices. The class is suing for damages for the plaintiffs and punitive damages from Apple; California plaintiffs want restitution under the
California Business and Professions Code. The listed complainants are
Jacob Baltazar, Claudia Keller, and John R. Browning, but the suit extends to any person who has purchased the first-generation device.