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Apple settles "millions of colors" lawsuit

Posted by Eric Gwinn at 4:34 p.m.

Apple Inc. has settled out of court a 10-month-old lawsuit over its displays. Terms were not disclosed, and Apple, based in Cupertino, Calif., did not immediately return an e-mail seeking comment.

Two California professional photographers filed a class-action suit last May, saying they were duped into buying MacBook Pro notebooks by Apple's claim that the MacBook and MacBook Pro could display millions of colors.

"The displays are only capable of displaying the illusion of millions of colors through the use of a software technique referred to as 'dithering,' " the lawsuit said.

That's an important difference to Fred Greaves and Dave Gatley. As professional photographers, they said, they need an accurate display of colors to edit their work on computers.

"They made a misrepresentation," said Peter Polischuk, attorney for Greaves and Gatley, referring to Apple. "They have a drop-down menu [in the Mac operating system] that lets you choose to display millions of colors."

A clerk in the San Diego County Superior Court said this morning that Polischuk had called to say the suit had been settled. Polischuck said the plaintiffs didn't pursuit it further because it was difficult to find other people who were wronged because they had bought Macs solely based on the "millions of colors" claim.

News of the lawsuit lit up tech blogs last spring, with many commenters dismissing the case as frivolous or pointing out that they could not perceive much, if any, difference between millions of colors and hundreds of thousands of colors.