Re: [2600-AU] Apple cannot be trusted - violation of Australian federal Data Protection/Electronic Crime Law
Thank you for taking the time to write this up, appreciated. Also, to all Crapple users, "You get what you firetrucking deserve." As one might say, "dance with the devil, suffer the devil". Everyone who supports, promotes, or otherwise tacitly consents to, proprietary walled gardens such as Apple, Google, Microsoft etc, are contributing to the evident and abundant compromise of our basic human rights. The Purism Librem 5 phone is slowly rolling out, and is the only phone (or computer of any mainstream sort) today, which is designed from the ground up to separate the (proprietary, closed) baseband cpu from the user's primary cpu and RAM etc.: https://puri.sm/products/librem-5/ Create your world, On Wed, Dec 04, 2019 at 11:03:02AM +1100, admin@reviews.wox.org wrote:
By the way, the fundamentals of a legal claim are actually very easy, if a little time consuming - you need at core, only two documents: 1. An originating process - e.g. Statement of Claim, or e.g. the Small Claims Tribunal (or whatever that is called in your state) which costs only about $40, or may be a few hundred if you go to the Magistrates' Court (State of Claim). 2. Your story. In Australia, this is called an affidavit. Do NOT do just a Statement or Statutory Declaration - e.g. the small claims forums often say "just do a statement or stat dec", but that is insufficient on any appeal, so just do an Affidavit straight away (i.e., properly witnessed). That's it. Apple is clearly at fault, and this particular claim is for three primary claims: 1. Damages (i.e. financial) of lost time, any money spent trying to recover the lost photos, and your filing fees, parking ticket costs etc. Probably not much. 2. Damages for which damages are insufficient. This is the emotional anxiety, children's loss etc. 3. Exemplary damages. This is the big one, and it means "Apple knows better, they must suffer a relevant payment to you in order to set an example to both Apple, and other players in the industry, that their actions causing this damage, must have consequences which the community sees (justice must be seen to be done)." So that's the three primary claims, and the grounds are very simple - - Apple actively deleted files without consent and without notice to the user. - Apple has a duty of care to protect the documents, photos, and videos of end users, and to not delete these without consent. - Apple therefore failed in a fundamental duty of care to the claimant. With the above simple docs in place (including affidavit, not stat dec, so you're ready for the supreme court), Apple will likely settle out of court rather than make it go further (and turn into a big public spectacle). And by doing the paperwork yourself, you are not beholden to the threat that you may lose and suffer literally tens of thousands of dollars of legal fees. Cerate your world, DISCLAIMER: I am not a lawyer, this is not legal advice, by law I'm probably required to say to you that "you must seek legal advice in legal matters," though if you DO represent yourself, you may experience feelz of euphoria, liberation, freedom from lawfare tyranny and other joyous feelz which leave you "over the moon" even if you did happen to lose or settle for a small amount. Iuris caveat emptor.
Cerate your world,
So this was of course s/Cerate/Create/, but on a little dict lookup, "cerate" is sort of like ointment but a little thicker, so "cerate your world" is sort of "apply some healing and soothing balm to your world" :)
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Zenaan Harkness