Apple Sued Over Size of Operating System Software

PHOTO: The new Apple iOS 8 is seen in this screen grab from the Apple home page.PlayApple
WATCH Apple is Being Sued For Storage Capacity

Apple's big iOS 8 rollout turned out to be a big problem for some users, who filed a class action lawsuit this week over the size of the operating system update.

The rollout of the iOS 8 update brought problems for some users, who reported slow download speeds, sluggish performance and problems with both Apple's native keyboard and third-party keyboards, among other issues.

However, perhaps the most maddening problem of all for users with 6 GB and 16 GB devices was the sheer size of the shiny new iOS upgrade.

Here's what you need to know about the lawsuit:

Who's Behind It

Now, Paul Orshan and Christopher Endara, both of Florida, are accusing Apple of deceiving customers and have filed a class action lawsuit in U.S. District Court in Northern California.

The lawsuit was filed on behalf of Apple consumers who own iPhones, iPads and iPods with 16 GB or less of storage. At the center of it all: The size of the iOS update.

Storage Issues

The lawsuit claims that the refresh can take up between 18 and 23 percent of advertised storage capacity for consumers owning 8 GB and 16 GB devices.

"The discrepancy between advertised and available capacity is substantial and beyond any possible reasonable expectation," the complaint says.

Apple declined to comment on the ongoing litigation.

However, the plaintiffs could face an uphill battle in the lawsuit since operating systems, the building block of any smartphone, take up storage. Put simply: Your 16 GB iPhone will not have 16 GB free.

The Cloud

Apple's iCloud storage solution -- one of several ways users can free up more storage on their phone -- is also targeted in the lawsuit.

The plaintiffs allege Apple "aggressively markets a monthly-fee-based storage system called iCloud" to remedy the problem.

"Using these sharp business tactics, Defendant gives less storage capacity than advertised only to offer to sell that capacity in a desperate moment, e.g., when a consumer is trying to record or take photos at a child or grandchild’s recital, basketball game or wedding," the lawsuit says.