Apple uses the discrepancy between the representation of parameters and available capabilities.
16GB actually included the IOS software and the rest is your memory... that's business..
16GB is the amount of storage space in the device BEFORE you start adding stuff to it, including the phone's operating system. This has been heard before, people buy a 500GB drive and when they format it and attach it to the computer, the computer reports that it only has 475GB. The missing gigs are due to the amount of space the computer has to use for the filesystem(the 'map' of where all the files are that the computer reads).
Granted, I worry about operating systems becoming 'bloated' and weighed down with "100s of new features!" that people rarely use.
However I think this suit demonstrates the plaintiff's and their lawyer's lack of basic knowledge of computing devices. Hopefully the judge can explain to them the principle of 10lbs of potatoes in the 5lb bag.
Apple should probably require you to take a class and a quiz before you can buy one of their devices.
Once again, the plaintiff does not claim that Apple claimed that all 16Gb is available to the user, and Apple itself made no such claim. Plaintiff's suit is based on Apple not explicitly telling it how much space is occupied by iOS.
"In 2007, angry iPod Nano customers filed a lawsuit against Apple for only providing 7.45 GB of storage in their 8 GB iPods (less than 7% for those scoring at home). That case was ultimately dismissed."
And this will be dismissed too.
TheMcG
That isn't the argument this time. They already won that one. The argument is that Apple is using part of your 16Gb space for their iOS and that this latest update has effectively reduced the space you paid for.
They are arguing that Apple is pushing people to use their pay for service iCloud.
The reason this Lawsuit will at the very least not be dismissed is because the discrepancy is in the 20% range vs the Nano lawsuit which was in the 7% range.