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Apple fails to dodge FaceTime lawsuit

Apple iPhone 4 and 4S users can pursue class action claims that Apple "broke" FaceTime on purpose.

An Apple store in Xidan business street.  Apple Corp. plans

Apple is facing a lawsuit claiming it purposefully broke FaceTime for iOS 6 users.

Zhang Peng/LightRocket via Getty Images

Apple is facing a lawsuit that claims the company purposefully disabled FaceTime on iOS 6 in order to push people to upgrade to iOS 7. As of last week, the company has failed in its bid to dismiss the lawsuit.

US District Judge Lucy Koh ruled that iPhone 4 and 4S users can pursue claims against Apple. Plaintiffs claim that Apple intentionally "broke" FaceTime in order to reduce the cost routing calls through third-party servers.

Apple tried to get rid of the lawsuit by claiming that the users didn't suffer economic loss since FaceTime is a free feature, but Judge Koh had something to say about that.

"Plaintiffs paid for their iPhones, and FaceTime is a 'feature' of the iPhone and thus a component of the iPhone's cost. Indeed, Apple advertised FaceTime as "one more thing that makes an iPhone an iPhone."

Apple did not immediately respond to requests for comment.