Lawyer Sues Apple For $25,000 After Time Capsule Failure Causes Him To Lose Precious Photos

Lawyer Sues Apple For $25,000 After Time Capsule Failure Causes Him To Lose Precious Photos

Unfortunately, Time Capsule failures are an all too common occurrence.

Canadian lawyer Perminder Tung is suing Apple over a Time Capsule failure that cause him to lose laptop backups that included precious photographs of his child’s birth. Tung wants $25,000 in compensation for the broken device and the lost memories after Apple told him the data on his Time Capsule could not be saved.

Tung used his Time Capsule to backup two laptops and an iPhone, and to store his photo library. When his device failed — like older Time Capsules often do — he lost it all, and Apple told him it was irretrievable.

Tung claims that his local Apple store told him his Time Machine had several issues related to its design and power supply. Although Apple issued a recall for the device back in 2010, Tung’s 2008 model was so old he did not qualify for a replacement.

Tung says the the “alleged” Time Capsule did not “encapsulate”:

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.

Technology guru Todd Maffin told CBC that the suit is proof users should be backing up their data more than once:

Really, it’s incumbent on the user to protect their data, especially if that data is important from a business or a really personal point of view.

It used to be that the products we would make were industrial era, they were physical things, and increasingly in this information economy what we produce as a society doesn’t exist in physical form.

It exists in bits and bytes, so it is even more important that we use many of these services, some of which are even free these days, to back up your computer.

If you’re backing up to a Time Capsule, and to a Time Capsule only, maybe it would be a good idea to backup your backups this weekend.

  • kootenayredneck

    Lawyer should be sued for being stupid. Time Capsule is for backups not orginals and if a lawyer does’nt know that then the person should’nt be a bottom sucker.



  • John Cassidy

    The Time Capsule is a backup device. It can also be used for external storage. If he stored photos solely on the Time Capsule he should have backed that up too. The whole point of backups is to have more than one copy. I think it is unlikely his laptops and iPhone have all failed too and at the same time, that would be unlucky, or is he going to sue the manufacturers of them too?

  • TechShizzle

    What a tool.

  • SkolVikes88

    Gawd, I hate lawyers…

  • Peter Obermeier

    This man is clever. He attacking the product name ‘Time Capsule’. This has worked for ‘iPad 4G’ already.
    He exactly knows the difference between Archive and Backup.
    You should write an article about that difference.

  • pasourw10

    This is something I hear a lot.  “All of my photos were on my iPhone.  I dropped it in the pool and you mean I can’t get those pictures back!  This thing is stupid!”  No…you’re stupid.  Anyone who has any sense can give you some valid tips on backing up your data.  If you backup to Time Capsule, be sure to keep the originals on your computer, and probably have another drive as well, just in case.  Whether it’s Apple, Windows, or grandmother’s picture box, redundancy is the best defense against losing precious memories.  If that guy’s photos were so “important” to him, why did he only have one copy?

  • Tim Rosencrans

    First off hard drives fail. Three year old hard drive are likely to fail.

    Second this guy is lying, you can’t back-up am iPhone directly to a Time Capsule.
    Third he had a back-up device (TC) so he knew the importance of a back-up. When said device failed he did not bother to create a back-up on the two other devices he already had (MacBooks) that could have backed-up the iPhone which he would of had to of used to back-up his iPhone to the TC in the first place.
    He went over a week knowing he had no back-up device. Choosing not to back-up.
    I find the timing of his iPhone “failure” dubious.
    To be clear the man is claiming he lost his data because the only copies he had were on his iPhone.
  • SnazzyGent

    Like John said, you’re only properly backing up if your files are in two (or more) places at the same time. Moving files off your Mac and onto an external disk is not backing up.

    He could have easily avoided this situation had he not removed his iPhoto library from his Mac and stored it only on the Time Capsule.
  • Andrew John

    This just proves he’s a stupid dick, and that Shakespeare was right. Kill all the lawyers. I hope you fail miserably and the world sees you for what you are. A stupid, greedy fuck.

  • Tom Moccia

    What a tool. Everybody knows you need more than one source of a backup.  I have Time Machine backup on two disks, upload all photos to flickr in original format AND use BackBlaze.

    Hey dumb layer if your house goes a blaze or is robbed Time Capsule won’t help you restore photos if it’s in some crooks pillow case walking out the door.
    Some people are such techtards it’s ridiculous.  Even my mother knows you need multiple backups.  
    (Sigh) Shakes head
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  • Picback

    So Mr Tung asked Apple if the data from Time Capsule could be recovered. Apple said no, but has he asked for a second opinion?

    Apple are great at lots of things, but not data recovery experts. This is what we do here at PicBack.
    We have successfully recovered data from many damaged Time Capsules. They can be a little more difficult to work on but are still just hard drives at the end of the day.

    While we can’t guarantee that data can be recovered every time, we have all the right tools for the job. If anyone else is in the same position then they can read more about out service here – http://picback.com/time-capsule-recovery

    This story should stand as a warning that drives do fail and that it is always a good idea to have several backups of your valuable data.

About the author

Killian BellKillian Bell is a staff writer based in the U.K. He has an interest in all things tech and also covers Android over at CultofAndroid.com. You can follow him on Twitter via @killianbell.

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