Apparently, there are still some people out there using the original iPhone. There is also apparently one person out there who has the original iPhone and tried to buy an HD version of “Big Daddy” off the iTunes Store.

The Florida man who is taking Apple to court is claiming that the company tricked him into paying $1 more for an HD version of the movie, even though his iPhone doesn’t support HD video, resulting in him simply getting an SD version for an HD price.

In 2010, Apple updated iTunes so that HD versions of movies and shows were the default option in the store. These HD versions, however, are still the default options for customers on the first three versions of the iPhone and the iPod Touch, none of which supported HD. The class action suit also notes that iTunes is able to tell when it’s an older device doesn’t support HD, yet it still chooses to sell HD as the default option.

The suit is seeking reimbursement for all those who purchased HD versions of content for older iPhones and iPod Touches, which it claims to be in the millions.