Lawyer sues Apple after Time Capsule deletes photos of child’s birth


Credit: Angela Waye

A man is taking Apple (s aapl) to court over its problem-plagued Time Capsule, saying the failure of the back-up storage device caused him to lose precious memories.

As the CBC reports, Perminder Tung used the Time Capsule to back up two laptops and an iPhone and to store his photos. The Canadian man claims that the device failed last month and that Apple told him that data on it was irretrievable. Tung, a lawyer, says the data included the birth of his first child and is now demanding $25,000 from Apple to compensate him for the broken device and the lost memories.

The Time Capsule has been subject to widely reported manufacturing defects and led Apple to offer free replacements for the device in 2010. Tung, who purchased his Time Capsule in 2008, says he fell outside of the recall period. According to a Guardian report in 2010, Apple didn’t disclose the extent of the problem and declined to extend its replacement offer to all those affected.

Stories like Tung’s are becoming more common in the digital age as people record their memories on fragile, non-physical media. My colleague Mathew Ingram recently offered a thoughtful reflection on this issue when he described looking at photographs at the funeral of a family friend.

(Image by Angela Waye via Shutterstock)



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 –

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.


I don’t get it. If my Time Capsule fails all the data still exists on my MacBook Pro. Or was he deleting data from his computers thinking it would always be stored on a single drive?

I don’t believe the data is actually gone from his laptops unless he deleted them. If he was using the Time Capsule as backup, not as storage, then he doesn’t have a case. If he was deleting items and trusting precious memories to a single disk, then he’s naive.


Exactly right, and if he was deleting items and trusting precious memories to a single disk, he may not have a case, either.

Jens Hamada

apple….. i would sue them to whenever possible. they deserve no better. but i don´t buy their crap.


A back up isn’t a back up unless you have a back up of the back up also.. Idiot.. Serves him right!!!

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?

Denim Smith

This is sad and I hope he had a few copies in his email or printed them off. As a dad of a 2 year old, this is precisely why I built and just launched to store/ backup a families most meaningful memories in photos, videos, and diary + to backup social network content.


Only an idiot would back up to the same hard drive for 4 years. We wouldn’t even be hearing such a story if it was a WD hard drive.

Glad this guys not my lawyer.

Richard Luther

Funny. I didn’t realize hard drives are “non physical.”

Meredith Sweet

Well sure, the drives themselves are physical, but what’s put on them–the thing people care about–is digital, and can therefore be lost much more easily than the drive itself.


You’re using a HDD from 2008 and not backing that up? Idiot.

Denim Smith

As a dad of a 2 yr old, this is why I built and just launched for families to store and backup their most meaningful memories in photos,videos, and diary + social network content – where the member owns and controls all their data.
This is just sad. Hope he emailed or printed some of the photos.


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Mike Wills

You don’t have a backup if it isn’t in AT LEAST 3 places one of them being off-site. More IS better. My photos are in 7 places, 2 of which are “in the cloud”. It isn’t Apple’s fault you 100% trust one technology that would go up in smoke if your house burnt down.


You are absolutely correct. Have have backups online as well as physical backups in multiple locations. To expect a hard drive from 2008 to last forever is ridiculous.

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