Apple Hit with 'Planned Obsolescence' Lawsuit in Brazil over Fourth-Generation iPad

[MacRumors]

Brazilian newspaper Jornal do Comércio reports [Google translation, via MacMagazine.com.br] that Apple has been hit with a class action lawsuit over its introduction of the fourth-generation iPad in the country. The lawsuit, led by the Institute of Politics and Law Software (IBDI), reportedly alleges that Apple's deviation from its usual yearly product update cycle amounts to "planned obsolescence" that harms customers who bought the previous generation of the device.

The institute claims that the iPad 4 is not [an] effective technological evolution [compared to] the iPad 3 or 'New iPad', characterizing [a] sort of "planned obsolescence". In practice, the accusation is that the Apple iPad 3 could have reached the shelves with the characteristics presented in the fourth generation - a processor, a connector and a camera a bit more advanced.

The lawsuit also alleges that Apple did not adequately communicate the discontinuation of the third-generation iPad in favor of the new fourth-generation models in the country, with consumers unknowingly buying the "obsolete" third-generation models.

An expanded article [Google translation] from O Hoje says that the suit is seeking free replacements for customers who purchased the third-generation iPad, as well as reimbursement of 50% of the purchase price. Finally, IBDI suggests that Apple be subjected to a fine equal to 30% of the value of each third-generation iPad sold in the country to address improper commercial practices and misleading advertising.

Apple said that it was unaware of the lawsuit, which was filed in federal civil court on February 6.

The new lawsuit is not the only difficulty Apple is experiencing in Brazil, as just last week the company officially lost a trademark dispute over the "iPhone" name. The owner of that trademark just barely slipped in under the deadline to make use of the mark by launching a line of Android phones back in December. That company, Gradiente, had applied for the trademark in 2000 and was granted the rights to it 2008. It has indicated that it is open to selling the mark to Apple, although is able to continue selling the iPhone under its current name while additional appeals and negotiations play out.

Update 9:15 AM: TechLinhas reports that it has contacted IBDI about the matter, with the organization claiming that it is unaware of any such action in Brazil. The site is following up further with IBDI and the lawyer quoted in the news stories.

Update 1:29 PM: TechLinhas has now confirmed with the lawyer quoted in the original report that the story is indeed true.

Article Link: Apple Hit with 'Planned Obsolescence' Lawsuit in Brazil over Fourth-Generation iPad

[bandalay]

And a pony.

[farleysmaster]

Is the iPad 4 obsolete? I'm still trucking away on my iPad 1...

[iChrist]

Originally Posted by farleysmaster

Is the iPad 4 obsolete? I'm still trucking away on my iPad 1...

Can you read?? It is the iPad 3 they are talking about, being quickly replaced by the iPad 4.

Wow farley..

[farleysmaster]

Originally Posted by iChrist

Can you read?? It is the iPad 3 they are talking about, being quickly replaced by the iPad 4.

Wow farley..

Yep, sorry, typo, I have handed in my membership card.

[Nightarchaon]

Originally Posted by farleysmaster

Is the iPad 4 obsolete? I'm still trucking away on my iPad 1...

Just about to upgrade from my 1 to a mini, purely because the mini fits in my jacket pocket and the iPad does not. But it annoys me to think that later this year they will release a mini with a slightly faster CPU and probably retina display and ill be left without a load of "features" that are software only, and have only been left out to get people to abandon the old models and buy a new one, annoys me, does not make me plan on upgrading again until it fails or a better device suited to my needs is released.

[Tsepz]

Originally Posted by farleysmaster

Is the iPad 4 obsolete? I'm still trucking away on my iPad 1...

No, they are saying the iPad3 is obsolete.

This is pointless as at the end of the day the iPad3 will still get updates for at least the next 12months if not more. iPad4 was really a minor revision, my guess is that Apple released the iPad3 quickly so that they could keep their position in the tablet market with an up to date product whilest they got the iPhone5, iPad4 and iPad Mini ready, which makes perfect sense.

iPad3 is still an excellent tablet, better than most tablets in the market, so I don't see what's wrong.

[Freeks]

Originally Posted by farleysmaster

Is the iPad 4 obsolete? I'm still trucking away on my iPad 1...

iPad1 is becoming obsolete
I'm a happy iPad1 user, but it is hard to find apps that do not require iOS6. That is very annoying as 100% of those apps had a fully working iOS5 version that you cannot get anymore.

Where to DL older versions of the apps?

[Steve121178]

Unless the third generation iPad's all stop working, then they need to stop crying and stop wasting people's time.

[pgiguere1]

Really? It didn't even change name or look.

It's just an internally improved vesion of the 3rd generation one. There are no new actual features. Companies do internal revisions of products to improve them all the time.

Planned obsolescence for me would be removing features from a product in order to make them exclusive to a newer version. Like if Siri locked up or something.

How is it up to lawyers to determine if the 3rd gen iPad should have been the 4th gen one in the first place? If the A6X chip wasn't ready, well it wasn't ready.

[Menneisyys2]

Originally Posted by pgiguere1

Planned obsolescence for me would be removing features from a product in order to make them exclusive to a newer version. Like if Siri locked up or something.

Apple is known to do this (see for example my posts at http://forums.macrumors.com/showthread.php?t=1321726 and http://forums.macrumors.com/showpost...79&postcount=7 for more info) but not in this (iPad 3 vs. 4) case. Yet.

[tigres]

you have got to be kidding me.

Brazil, go buy your tech elsewhere. Say, from 5 years ago.

[Bezetos]

Haha, well, Brazil said what many other people thought

[danpass]

Originally Posted by Bezetos

Haha, well, Brazil said what many other people thought

my first thought as well.

there's really no legal basis here IMO but the message is quite clear

[Rogifan]

Originally Posted by danpass

my first thought as well.

there's really no legal basis here IMO but the message is quite clear

What message? Unless you think Apple had the A6X and lightning connector ready to go in March?

[danpass]

Originally Posted by Rogifan

What message? Unless you think Apple had the A6X and lightning connector ready to go in March?

you don't recall the MR uproar threads when the 4 was announced?

[Kaibelf]

Originally Posted by Bezetos

Haha, well, Brazil said what many other people thought

Many people are dumb.

[rdlink]

Originally Posted by Bezetos

Haha, well, Brazil said what many other people thought

And those people are just as stupid as Brazil.

[AbSoluTc]

Dumbest **** ever.

[AppleScruff1]

Originally Posted by rdlink

And those people are just as stupid as Brazil.

Careful.

[rdlink]

Originally Posted by AppleScruff1

Careful.

Nothing to be careful about. Just stating the truth. Anyone who owns an iPad 3rd Gen (which includes me) and thinks they were wronged because Apple released the 4th Gen 6 months later is an idiot. Pure and simple.

The 3rd Gen is still an amazing device that does everything that it did when I bought it. The release of the 4th Gen did absolutely nothing to change that.

[Foxer]

So, is "Institute of Politics and Law Software" Potuguese for "Center for Science in the Public Interest?" They seem at the same headline-grabbing game.

If the iPhone decision and this law suit are indicators of what Apple can expect from Brazil, maybe they should reconsider their potential involvement with that new Foxcon facility down there.

Typical Third World B.S.

[bluesoverdrive]

This is so cool, macrummors, please let me know when can I trade my iPad 3 for the newest model + 50% of its price in cash!

Apple is so caring! I love this company, so much love for the brazilians!

Too bad they don't care for the rest of the world. could give some loving to the americans iPad 3 owners (aka beta tester) too!

[Andrei90]

I do think this was planned obsolence... The iPad 3 wasn't ready for prime time, they real eased it ahead of time just to keep up with their yearly cycle, so they released the iPad 3 with shorter battery life, screen issues and heating issues, old connector, heavier, bigger and provided the same performance of an iPad 2 but with a retina display. Apple knew the product wasn't ready but they had to release something, they couldn't wait until the fall. So they changed the name, they called it the New iPad!, not iPad 3, not iPad 2S, they called it the new iPad because they knew they would release another one some months later and imagine the perception if they had released the iPad 3 and some months later the iPad 4! That couldn't happen so they changed the name to the new iPad to reduce the impact. They announced the iPad 4 along with the iPad Mini and most of the people didn't even realized a new iPad was out.
I don't remember if it was Fox News or another outlet, they were talking about how the apps would work on the iPad mini, so the apple
Guy says to them that all iPad 4 apps and below will work exactly the same on the iPad mini, and the news outlet didn't know there was an iPad 4, they actually reported that it may be a new iPad apple was workin on. So, yeah, I think this lawsuit is right, and the fact that stores sold the iPad 3 even after the 4 was out at the exact same price just proves the point. Customer had no idea they were purchasing an old model, and how could you know when the product looks the same, the name is the same and the price is the same.

[mabhatter]

Originally Posted by Foxer

So, is "Institute of Politics and Law Software" Potuguese for "Center for Science in the Public Interest?" They seem at the same headline-grabbing game.

If the iPhone decision and this law suit are indicators of what Apple can expect from Brazil, maybe they should reconsider their potential involvement with that new Foxcon facility down there.

Typical Third World B.S.

That is probably WHY this is news... Apple is trying to get into South America by moving manufacturing to the last holdout BRIC country not part of the tech boom.

On the other hand, Brazil has much more European attitudes about work.. They are willing to give up jobs cause they would rather be frolicking on the beach (2/3 of the population is on that southern quarter) that being wage-slaves like China or India.