as mentioned in
"Indeed, Apple advertised FaceTime as 'one more thing that makes an iPhone an iPhone. Earlier this year Apple was hit with a class action lawsuit over FaceTime being disabled on older iPhones that can't run iOS 7, and this week an attempt to have the lawsuit dismissed has failed. "FaceTime is a 'feature' of the iPhone and thus a component of the iPhone's cost," Koh said in a footnote. While Apple argued that no damage was done as FaceTime is a free service, the judge in the case decided that FaceTime is a part of the iPhone. '"With Apple failing to have the lawsuit dismissed, we're certain to hear more about the case in the future (although that likely means an exchange of money and not FaceTime coming back to the iPhone 4 and iOS 6).
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