Paraphrasing Mae West, “a good lawyer is hard to find.” All of us have need for a lawyer from time to time. Here’s a lawyer you won’t want, don’t need, and can’t afford.
CBC News reports that Perminder Tung, a lawyer and Mac user in Surrey, British Columbia, Canada is suing Apple for $25,000 in small claims court because his Time Capsule backup disk drive crashed.
Big whoop, right? Boo hoo. Disk drives crash and die all the time. Why is Tung’s so important that it warrants a lawsuit?
Tung bought the Time Capsule in June 2009 and backed up his two Macs and an iPhone, including photos of the past year, including those of the birth of his first child.
Somehow, in that lawyer’s mind, Apple is at fault because he didn’t have a proper backup.
The $25,000 lawsuit aims to replace the hardware and compensate Tung for the loss of recorded memories like the birth of his first child.
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’s Time Capsule was one of those with a history of power supply problems, which Apple acknowledged years ago, and often replaced even after the original warranty had expired.
Apple is not to blame for Tung’s woes. The Time Capsule is a backup device. Backup implies than at least one other copy exists. In Tung’s case, it didn’t and he lost cherished photos when it died.
If you’re a Mac user anywhere near Surrey, British Columbia, don’t use Perminder Tung as your lawyer. Anyone who can’t figure out what backup means probably doesn’t have your best interests in mind.
You can’t afford that kind of lawyer. Why sue a company that has $100-billion in the bank for a measly $25,000.