Apple Sued After Time Capsule Failure Leads to Lost Data

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Apple is facing a lawsuit in Canada after a Time Capsule wireless data backup system failed and lost a year’s worth of photos. The plaintiff is suing the company for CA$25,000 claiming the device failure is a breach of contract on Apple’s part.

Guy loses data backup, sues Apple. Really.The Time Capsule lets users back up data over their local Wi-Fi network via OS X’s built-in Time Machine feature. 

“The defect with the Time Capsules, which invariably destroyed the stored data, amounts to a fundamental and total breach of contract,” Perminder Tung said in his filing with the court. “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.”

The failed drive contained photos of his first child’s birth, and Mr. Tung says those are now lost forever, according to CBC News. He also said his local Apple Store told him the failed Time Capsule wasn’t included in a recall batch for similar failures.

Apparently Mr. Tung, who also happens to be a lawyer, sees the responsibility to maintain the integrity of data backups as Apple’s responsibility since the company sold him the Time Capsule. Instead of relying on a single device to protect his data, however, Mr. Tung may have been better served by backing up his data to more than one location.

Apple hasn’t commented on Mr. Tung’s lawsuit.

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What is the old adage? If it is important have a backup and make sure that backup is good.  If it is really important have 2 and once again make sure they are both good.  If it is really really important have 3 plus an offsite all of which can be verified are known good.

I am assuming Mr. Tung also did not read the standard part of any hard drive or computer manufacturers warranty.  You know the part where it says you are responsible for your data.  If AAPL had stated use Time Machine/Time Capsule and never have to worry about your data again I might agree with him, but no company would state that unless it was a heck of a product and an expensive one at that.

I am done ranting now just hate seeing people self-entitlement, its always someone else’s fault, and I deserve money for my own stupidity attitudes.


While it would be painful to lose pictures of your first child, what I fail to understand in this story is how Mr. Tung’s ONLY copy of said images ended up on a backup. Does that mean he erased them from his main hard drive? A backup is NOT an archive.

Mr. Tung may be a lawyer, but in this case he is just a greedy, sore loser. He failed to protect his assets properly and now they are gone. If he is this careless in his legal practice, I’d hate to be his client.

The reality is that backups fail all the time. Main hard drives fail. It’s life. That’s why you check backups for integrity and always have more than one copy. Also, if you do happen to lose some data, it’s part of life and you don’t go suing people over it.


As the old saying goes: There’s 2 kinds of people in the world. Those who HAVE had a drive failure and those that WILL have a hard drive failure. To rely on a single drive for your only copy of data shows ignorance. To sue over the inevitable failure of the drive shows greed.

Hey, if anyone from Apple legal is reading this: I live just across from Surrey on Vancouver Island. I’d be happy to appear as an expert witness for you.


A contract is a two-way agreement between two parties. Nowhere in the product documentation for a Time Capsule does Apple agree to be held culpable in the event of data loss. Nowhere does Apple agree to protect or insure data against all possible causes of data loss. A one-sided expectation does not create a contract.

As a lawyer, he should know what a contract is.


If the time capsule held the only copies of the image files, then they were archived, NOT backed up.  If you don’t back up your files - as in have TWO copies minimum - then you reap what you sow.


Apple clearly spells out in there service terms agreement that the customer is solely responsible for there data.
Mr. Tung as a lawyer should read the terms of usage before going to court right away. He will lose very quickly with this one. This looks like a case of, I wanna get rich quick lawsuit which I believe will backfire on him badly.

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