Apple Gets Sued $25k for Failed Time Machine

Don’t we just hate it when things don’t work the way they’re supposed to? I’m sure everyone of us photographers have lost images due to a failed hard drive, whether it’s the internal hard drive, external, and now a Time Machine Capsule. A Canadian lawyer wants $25,000 from Apple after losing precious photographs of the birth of his first child, when his Time Capsule died. Do you think Apple should pay?

We’re constantly reminded to backup our digital files in case of the worst happening — but what if something happens to the backup? Who do we blame then? CBC News is reporting that Perminder Tung, a British Columbian lawyer, has taken Apple to small claims court, demanding $25,000 for a dead Time Capsule which took his photos with it.

According to the report, Tung purchased the Time Capsule in 2009, and last month it totally failed, taking with it much of his personal — notably photographs including the birth of his first child. Apparently he took the device in to the Apple Store, where he was told the data was unrecoverable, that the product had numerous power supply issues, and that some had been recalled — although his was outside the bounds of that recall.

In the claim, Tung says, ”the defect with the Time Capsules, which invariably destroyed the stored data, amounts to a fundamental and total breach of contract. The alleged ‘Time Capsule’ did not encapsulate and protect the information it was intended to secure. The breach destroyed the workable character of the thing sold.”

Tung is correct that there was a product recall of the Time Capsule, but that was only for the first generation of the device, sold between February and June 2008. Seeing as he purchased his in 2009, he probably picked up a newer one without the design flaw — just one that died after years of heavy use.

It’s also evident that Tung was using this device as external storage, not as a backup. It only counts as a backup if you have it stored in more than one place. If the failure of the Time Capsule meant he lost the files, that must mean Tung only stored them there — which defeats the purpose of backing up.

Is this Tung’s fault for not backing up in more places? Or Apple’s for creating a drive that failed? Or is 3 years within the natural lifespan of a hard drive anyway?”

via PopPhoto, Gigaom

RIP — Steve Jobs

Wow. Steven P. Jobs, the Apple Inc. chairman and co-founder who changed the way we think about technology, died today. Jobs was 56 years old, is survived by his wife, Laurene, and four children. Fifty six is such a young age. It’s very sad to lose anyone that young, let alone someone who’s made such an impact in this World. Apple has changed the way I live and work. I slowly moved away from PC’s and gravitated more towards anything made by Apple. Their design, brand, and technology is far more superior than anything else out there, I hope this trend continues. Today is a sad day.

Bill Gates, the former chief executive of Microsoft, said in a statement that he was “truly saddened to learn of Steve Jobs’s death.” He added: “The world rarely sees someone who has had the profound impact Steve has had, the effects of which will be felt for many generations to come. For those of us lucky enough to get to work with him, it’s been an insanely great honor. I will miss Steve immensely.”

“Although his achievements in technology alone were immense, Mr. Jobs played an equally groundbreaking role in entertainment. He turned Apple into the largest retailer of music and helped popularize computer-animated films as the financier and CEO of Pixar Animation Studios, which he later sold to Walt Disney Co. He was a key figure in changing the way people used the Internet and how they consumed music, TV shows, movies, books, disrupting industries in the process.

Mr. Jobs also pulled off one of the most remarkable comebacks in modern business history, returning to Apple after an 11-year absence during which he was largely written off as a has-been and then reviving the then-struggling company by introducing products such as the iMac all-in-one computer, iPod music player and iTunes digital music store.

The company produces $65.2 billion a year in revenue compared with $7.1 billion in its business year ending September 1997. Apple has become one of the world’s premier designers of consumer-electronics devices, dropping the “computer” in its name in January 2007 to underscore its expansion beyond PCs.” *Yukari Kane

Check out the full Wall Street Journal article here.