Apple can’t end lawsuit over “breaking” FaceTime on iPhone 4, judge rules

Enlarge / The iPhone 4S. (credit: Andrew Cunningham)

Back in February 2017, two Californians sued Apple in a proposed class-action lawsuit over the fact that the company disabled an older version of iOS. Disabling the outdated iOS had the effect of making FaceTime stop working on the customers' iPhone 4 devices.

According to a ruling issued last Friday by a federal judge in San Jose, California, Apple cannot get the case dismissed. US District Court Judge Lucy Koh brushed aside Apple's response to the case, including dismissing an argument that the case could not proceed on the grounds that the plaintiffs were not injured because FaceTime is a free app that comes with iPhones.

"Plaintiffs paid for their iPhones, and FaceTime is a 'feature' of the iPhone and thus a component of the iPhone's cost," Judge Koh wrote.

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