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samcraig

macrumors P6
Jun 22, 2009
16,779
41,982
USA
I thought it wasn't just on iPhone 5 but in the entire iOS 6.

That too.

Further - I'm not an expert on Brazilian law. And I would imagine most here aren't. So even though the suit sounds frivolous or without merit - it is possible that under Brazilian law there are stipulations about such things. I don't know. I know that when it comes to warranties, etc - the UK and other countries laws differ greatly from the US.
 

Andrei90

macrumors 6502
Dec 28, 2011
435
154
Of course it was planned obsolence, apple released the iPad 3 when it was not ready. They knew it wasn't ready but they had to
Release something to keep
Up with the yearly cycle, they couldn't wait until the fall. So they released the iPad 3 with shorter battery life, heating issues, screen issues, old
Connector, bigger, heavier an providing the exact same performance of an iPad 2 but with a retina display. They knew they would have to release another one some months later, So to avoid perception they called it "the new iPad", not iPad 3, not iPad 2S... Imagine the perception if they would have released an iPad 3 and 6 months later an iPad 4! It would had have a much bigger impact, so they changed the name
To
The new iPad and they announced it along with the iPad mini, so people didn't really talked about the new iPad 4, they were just talking about the iPad mini. How is a customer supposed to know the difference when you walk into the store, and see the new iPad with the exact same design, the same name, an the same price??? It's outrageous that some stores were actually selling the iPad 3 along with the 4 at the same price.
 

Cubytus

macrumors 65816
Mar 2, 2007
1,436
18
As long as Apple supports iPads of yesteryear with updates to iOS I don't see the problem. So many products have new versions on a yearly basis, cars for an example which cost a heck of a lot more than an iPad.
A new car doesn't usually require a whole new set of accessories or tank fill-up device just to keep up with the pace. Only engine and exterior design may change significantly from previous year's model.

Actually the lady who bought coffee at McDonalds had a reason to sue and had a winning case. She spilled scalding hot coffee on her lady parts. OUCH!

She proved that McDonalds coffee was extremely and unnecesarily hot and as a direct result she suffered serious injury.
I don't know how she proved that, but it is indeed true that too hot a coffee tastes awful, besides of being dangerous to handle, especially in loose-fitting cardboard cups.

People buying an iPad 3 then getting upset because Apple releases an improved model 7 months later have NOT suffered any injury.
Not, but then again, one don't need to sustain a physical injury to be entitled to sue. Considering oneself ripped when price fall doesn't follow updates may be sufficient.
 

itryanditry

macrumors member
Apr 20, 2010
30
0
It's like... I know your government hits you really hard on taxes but it's not everyone else's responsibility to meet what you think the world owes you.
 

Macboy Pro

macrumors 6502a
Feb 16, 2011
730
52
Interesting how so many people do not even understand the claim in the article (true or not). Apple has forced Obsolescence with most of their products for at least a decade. Does that mean the should be sued? I think not, but when you buy Apple, you have to know they are EXTREMELY proprietary and control just about everything to do with their products and sales of their products.

Its their right just as it is the consumers right not to buy Apple. Even with a far superior OS, the Mac Lines have never held a close race with PC. This has everything to do with proprietary parts, and too much control within Apple. Businesses are not interested.
 

stuffradio

macrumors 65816
Mar 17, 2009
1,016
6
It seems Apple can't win. One set of users complain Apple doesn't update enough, then the other complains Apple updates too often. Apple should just update as soon as they can, and let people know they don't always need to have the best hardware available.
 

edoates

macrumors 6502
May 22, 2006
299
6
Steve Shrugged?

Read Atlas Shrugged to see what this really means: in Brazil, I guess companies are forbidden to introduce new features on other than a government schedule. The looters and moochers continue their advance.
 

Mystic386

macrumors regular
Nov 18, 2011
162
40
Someone is very upset that they bought an iPad 3 when the iPad 4 had come out. Or... they bought the iPad 3 days before the iPad 4 arrived.

Best guess is they have money or they're a lawyer. I can see their point in terms of post iPad 4 sales of iPad 3.

The imagined Dad and Teenage daughter discussion...

Teen "Dad there's a new iPad can you buy it for me please?"
Dad "Sure darling!"

That night

Dad "Here's your new iPad!"
Teen Excited "Oh thanks dad, you're the best"

20 minutes later

Teen "Dad this isn't the new iPad this is the old one! Couldn't you pay a little more and get the new one" or worse... "Dad this is the same as the iPad I've got. You didn't get the new one!"
Dad "I did pay for the new one. There must be a mistake!"

Back to the store

Dad "You sold me the wrong iPad this is the old one. I wanted a new one"
Saleguy "Sir you asked for a new one and this is new"
Dad "But it's not the new model"
Saleguy "You did not ask for the new model sir, just a new one"
Dad "But why would I want the old one"
Saleguy "I don't know,I just give my customers what they want"
Dad "Can I change it for the new one please!"
Saleguy "I'm sorry sir you've opened it and used it"
Dad "Because I thought it was new"
Saleguy "It is new sir"
Dad "But how am I supposed to know it is not the new one. It looks like the new one. You tricked me!"
Saleguy "Sir. I did not trick you. If you want the new one you ask for the iPad 4. This is a iPad 3. I'm sorry that you asked for the wrong product but we can do nothing"
Dad "You could have asked me which new one I wanted. Instead you just sold me your old stock. I want a replacement now!"

Dad thrown out of store.

Hell hath no fury like the dad of a disappointed teenager that perceives he got it wrong.
 

sinser

macrumors 6502a
Sep 16, 2003
549
0
It's becoming a trend to hit Apple for whatever reason lately, but this is ridicolous.
 

IJ Reilly

macrumors P6
Jul 16, 2002
17,909
1,496
Palookaville
:confused: They are not physically identical, and they do have different model numbers.

Would a buyer really be able to distinguish one from another if they didn't know what they were looking for?

The model number codes Apple uses internally aren't meaningful to consumers as they don't describe generations of the product. Unlike the iPhone, Apple decided with the third generation iPad to not give the new model names consumers could understand. They went from iPad to iPad 2 back to iPad. Why did they want to blur these distinctions if not to blur these distinctions?

I can't really tell if this is the issue being raised by the Brazilian suit, but I can see how Apple has done a not very wonderful thing here.
 

jreuschl

macrumors 6502
Dec 31, 2008
302
20
Another issue for iPad 3 owners is that when the iPad 4 was released, Apple dropped the price of the refurb iPad 3 pretty significantly on their website. Apple has a good resale value, however, it certainly hurt owners when they did that.
 

BaldiMac

macrumors G3
Jan 24, 2008
8,745
10,845
Would a buyer really be able to distinguish one from another if they didn't know what they were looking for?

Maybe "identical" means something different to you.

The model number codes Apple uses internally aren't meaningful to consumers as they don't describe generations of the product. Unlike the iPhone, Apple decided with the third generation iPad to not give the new model names consumers could understand. They went from iPad to iPad 2 back to iPad. Why did they want to blur these distinctions if not to blur these distinctions?

1) The model number is on the package and not just used internally.
2) Macs have never had new names for upgraded models. Neither have iPods. Hasn't seemed to cause any significant consumer confusion.
 

Snowy_River

macrumors 68030
Jul 17, 2002
2,520
0
Corvallis, OR
Interesting how so many people do not even understand the claim in the article (true or not). Apple has forced Obsolescence with most of their products for at least a decade. Does that mean the should be sued? I think not, but when you buy Apple, you have to know they are EXTREMELY proprietary and control just about everything to do with their products and sales of their products.

Its their right just as it is the consumers right not to buy Apple. Even with a far superior OS, the Mac Lines have never held a close race with PC. This has everything to do with proprietary parts, and too much control within Apple. Businesses are not interested.

I think I'm going to have to disagree with you. The definition of planned (or forced) obsolescence is that after a certain period of time the product stops working. This is not the case for the iPad 3, or any other Apple product that I'm aware of. One could make an argument that when Apple blocks installation of the newest version of their OS (iOS or Mac OS, take your pick) on certain hardware, they are enforcing a form of planned obsolescence, but I'm sure Apple's response would be that they are simply blocking hardware that cannot run the software adequately.

In this particular case, it seems hard for me to swallow a "planned obsolescence" argument given that the iPad 3 is still fully supported, can run every single iOS app out there, etc. Has there been a hardware upgrade? Yes. Will this eventually mean that iOS and iOS apps will be available that will require hardware capabilities that are beyond what the iPad 3 has? Probably. But it certainly isn't today, and it isn't even really on the horizon...
 

JAT

macrumors 603
Dec 31, 2001
6,473
124
Mpls, MN
Someone is very upset that they bought an iPad 3 when the iPad 4 had come out. Or... they bought the iPad 3 days before the iPad 4 arrived.

Best guess is they have money or they're a lawyer. I can see their point in terms of post iPad 4 sales of iPad 3.

The imagined Dad and Teenage daughter discussion...

Teen "Dad there's a new iPad can you buy it for me please?"
Dad "Sure darling!"

That night

Dad "Here's your new iPad!"
Teen Excited "Oh thanks dad, you're the best"

20 minutes later

Teen "Dad this isn't the new iPad this is the old one! Couldn't you pay a little more and get the new one" or worse... "Dad this is the same as the iPad I've got. You didn't get the new one!"
Dad "I did pay for the new one. There must be a mistake!"

Back to the store

Dad "You sold me the wrong iPad this is the old one. I wanted a new one"
Saleguy "Sir you asked for a new one and this is new"
Dad "But it's not the new model"
Saleguy "You did not ask for the new model sir, just a new one"
Dad "But why would I want the old one"
Saleguy "I don't know,I just give my customers what they want"
Dad "Can I change it for the new one please!"
Saleguy "I'm sorry sir you've opened it and used it"
Dad "Because I thought it was new"
Saleguy "It is new sir"
Dad "But how am I supposed to know it is not the new one. It looks like the new one. You tricked me!"
Saleguy "Sir. I did not trick you. If you want the new one you ask for the iPad 4. This is a iPad 3. I'm sorry that you asked for the wrong product but we can do nothing"
Dad "You could have asked me which new one I wanted. Instead you just sold me your old stock. I want a replacement now!"

Dad thrown out of store.

Hell hath no fury like the dad of a disappointed teenager that perceives he got it wrong.
If something like that is the basis for a WINNING lawsuit, I want to die.
 

KdParker

macrumors 601
Oct 1, 2010
4,793
998
Everywhere
The only part of this article I agree with is the part about customers unknowingly buying the 3rd generation after the 4th generation was released.

There was no way for the average customer to distinguish between them and here in Ireland I thought it was really bad to walk into a store and see the 3rd generation still on sale at Christmas with the same price tag as the 4th generation.

Was that in an apple store? Once the iPad 4 came out, the iPad 3 was reduced in price.

Apple can't be responsible for retailers ripping off customers.

----------

Someone is very upset that they bought an iPad 3 when the iPad 4 had come out. Or... they bought the iPad 3 days before the iPad 4 arrived.

Best guess is they have money or they're a lawyer. I can see their point in terms of post iPad 4 sales of iPad 3.

The imagined Dad and Teenage daughter discussion...

Teen "Dad there's a new iPad can you buy it for me please?"
Dad "Sure darling!"

That night

Dad "Here's your new iPad!"
Teen Excited "Oh thanks dad, you're the best"

20 minutes later

Teen "Dad this isn't the new iPad this is the old one! Couldn't you pay a little more and get the new one" or worse... "Dad this is the same as the iPad I've got. You didn't get the new one!"
Dad "I did pay for the new one. There must be a mistake!"

Back to the store

Dad "You sold me the wrong iPad this is the old one. I wanted a new one"
Saleguy "Sir you asked for a new one and this is new"
Dad "But it's not the new model"
Saleguy "You did not ask for the new model sir, just a new one"
Dad "But why would I want the old one"
Saleguy "I don't know,I just give my customers what they want"
Dad "Can I change it for the new one please!"
Saleguy "I'm sorry sir you've opened it and used it"
Dad "Because I thought it was new"
Saleguy "It is new sir"
Dad "But how am I supposed to know it is not the new one. It looks like the new one. You tricked me!"
Saleguy "Sir. I did not trick you. If you want the new one you ask for the iPad 4. This is a iPad 3. I'm sorry that you asked for the wrong product but we can do nothing"
Dad "You could have asked me which new one I wanted. Instead you just sold me your old stock. I want a replacement now!"

Dad thrown out of store.

Hell hath no fury like the dad of a disappointed teenager that perceives he got it wrong.

Or.....just buy from and Apple store and return it (no questions asked with in 15 days) and get the new iPad4.
 

JAT

macrumors 603
Dec 31, 2001
6,473
124
Mpls, MN
Would a buyer really be able to distinguish one from another if they didn't know what they were looking for?

The model number codes Apple uses internally aren't meaningful to consumers as they don't describe generations of the product. Unlike the iPhone, Apple decided with the third generation iPad to not give the new model names consumers could understand. They went from iPad to iPad 2 back to iPad. Why did they want to blur these distinctions if not to blur these distinctions?

I can't really tell if this is the issue being raised by the Brazilian suit, but I can see how Apple has done a not very wonderful thing here.

Maybe "identical" means something different to you.



1) The model number is on the package and not just used internally.
2) Macs have never had new names for upgraded models. Neither have iPods. Hasn't seemed to cause any significant consumer confusion.
I'm not sure I'm following either of your thought processes. But the 4 has a lightning connector and the 3 has the 30-pin. Whichever side of lawsuits you are on, that's a very obvious physical difference.
 

BaldiMac

macrumors G3
Jan 24, 2008
8,745
10,845
I'm not sure I'm following either of your thought processes. But the 4 has a lightning connector and the 3 has the 30-pin. Whichever side of lawsuits you are on, that's a very obvious physical difference.

Yep. That was my point.
 

IJ Reilly

macrumors P6
Jul 16, 2002
17,909
1,496
Palookaville
Maybe "identical" means something different to you.

Yeah, I guess distinctions an average consumer would understand comes into the picture for me.

1) The model number is on the package and not just used internally.
2) Macs have never had new names for new models. Neither have iPods. Hasn't seemed to cause any significant consumer confusion.

The box has all kinds of numbers on it but not any that distinguish one product generation from another. Not anymore. And the purpose of omitting this information is...?

You are right, Apple has done this with some products, but not with others. Again I have no idea whether the lawsuit in Brazil has anything to do with this practice. I just happen to think it is not a good one.

----------

I'm not sure I'm following either of your thought processes. But the 4 has a lightning connector and the 3 has the 30-pin. Whichever side of lawsuits you are on, that's a very obvious physical difference.

Only obvious to someone who knows what to look for. Ask 100 random people what a Lightening connector is, and you'd be lucky to find one who knows. Not on any side of the lawsuit, and I don't even know if this issue is a part of it.
 

JAT

macrumors 603
Dec 31, 2001
6,473
124
Mpls, MN
Untrue. Apple has an extremely tight control on what is sold and at what price in third party stores. That's why you don't see much of a difference when switching stores, except on value-added services such as training or (non-Apple) accessories.
No, Apples TRIES to have extremely tight control. They do not always succeed. Also, you may be accustomed to a different country, where Apple does have more control, and their own stores.
 

samcraig

macrumors P6
Jun 22, 2009
16,779
41,982
USA
Maybe "identical" means something different to you.



1) The model number is on the package and not just used internally.
2) Macs have never had new names for upgraded models. Neither have iPods. Hasn't seemed to cause any significant consumer confusion.

Re #2: I ask sincerely - when you go to an Apple store (or even Best Buy) and ask for the iPod - do they sell you the newest or a previous model that isn't necc distinguishable? What are the differences (are they same/more significant) between the models?

Perhaps the confusion doesn't exist for iPods and Macs because Apple and other retailers don't sell older models and/or - on the floor - label them clearly what year/model they are.

Do we have any idea how the iPad 3 vs iPad 4 has been marketed, displayed, etc in Brazil. Because I see a lot of people stating opinions as if they know and/or are familiar with Brazilian law.
 

golgo1313

macrumors regular
Aug 29, 2008
118
75
Claremont, CA
brazil has some ridiculous import duties on everything over $50... something like 8000% (ok, slight exaggeration). so I wouldn't be surprised if their 16gb, wifi ipads are USD999 equivalent. so i would be pissed too if i shelled out that much cash and something new came out not 5 months later.
 
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