As the uneasy chain of complaint about calls disappearing or ending midways from new iPhone users reached fever pitch by last week, a federal Judge in the state of Californian quietly passed a ruling that iPhone users can join the case against Apple Inc. and AT&T Mobility LLC. The suit claims unfair, monopolistic practices that bind you to the phone service.

Earlier on, US District Judge James Ware ruled that there is enough evidence against Apple for a case to proceed.

No otherwise

If, by any chance the iPhone users win the case, they would get some money from Apple. But most importantly, a chance to break their devices away from AT&T. To purchase an iPhone, Apple requires that you sign a two-year contract with AT&T. To evade the contract, you will have to pay a weighty early termination fee. But the phone will not connect to any other carrier.

If you are patient enough to wait out two years, you will still have to put up with AT&T. There is no otherwise.

Legal aid.

Lawyers from the plaintiffs’ are thinking of asking the judge to ask Apple to make the code needed for them to leave AT&T for another service, available to customers. This is according to Lawyer, Mark Rifkin, a partner in Wolf Haldenstein Adler Freeman & Hertz. Still, Mr. Rifkin says that T-mobile is the only one in the U.S. that would be a match with the iPhone in terms of technology.

Since the contract by the duo limits their client’s search for new voice and data service for the first two years, this is unfair and monopolistic according to the Antitrust Sherman act. This would have to be proven in court according to Judge Ware.

AT&T has declined to comment on the issue through its spokesman Mark Siegel. “I got no response at all to a phone message for apple spokeswoman Natalie Kerris.”

As for Apple, it is at talking about the problem that has captured more attention of late.  The new iPhone 4 lose more calls than the earlier versions did. Apple has held a press conference in an effort to respond to the issue.

Blames game.

The blame game has started and the first on the list is the antenna design. According to the whole story, AT&T lacks the capacity to keep up with all the traffic, making a victim and a beneficiary of the iPhone’s phenomenal success simultaneously.

Despite having limited coverage, some customers might want to migrate to T-mobile. If only they could.

Future plans

According to Rifkin, a decision was made by AT&T to monopolize the ‘After market for voice and data service.’

Even though its nothing but an unconfirmed secret, the companies have gone into a five-year exclusivity contract with each other according to wide spread reports. As per court filings from the companies. This may be a matter of fact.

Recent news reports say that Apple is in plans to release a phone that will be serviced by Verizon Communications. It has been three years since the iPhone was introduced. The new phone is said to be introduced next year by Apple.