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.

[tigres]

you have got to be kidding me.

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

[farleysmaster]

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

[Steve121178]

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

[Bezetos]

Haha, well, Brazil said what many other people thought

[UnfetteredMind]

So are they going to bring lawsuits against all other tech companies as well, who bring out new products on even shorter schedules? Seems pretty damn ridiculous to me.

[DDaddyx2]

Funny, my iPad 3 still works fine. Apparently ones bought in Brazil stopped working as soon as iPad4 came out.

[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.

[Daalseth]

the US isn't the only country with sleezy lawyers willing to sue over anything. In the US I'd say this would be tossed out within seconds. In Brazil...?

[C.clavin]

In other news: every piece of technology EVER hit with ridiculous lawsuit. Update my ipad software AND hardware forever! And Nissan give me my new Xterra not my 2005. It's already obsolete!

And also keep your POS 'iPhone' and go away. Don't you have another World Cup to disappoint in?

[Kissaragi]

Hasn't brazil got better things to do?

[lcmazza]

Originally Posted by Daalseth

the US isn't the only country with sleezy lawyers willing to sue over anything. In the US I'd say this would be tossed out within seconds. In Brazil...?

In Brazil, those idiots take it seriously.
It`s worse than in the US, believe me.
It`s s*** all over.

[Squilly]

You're kidding, right? That defines Apple. Planned obsolescence. Time travel might be available today, but we're not going to release it until this model which is less "powerful". We're going to sue you when this model comes out because it's better.

[Xenomorph]

So where are all the lawsuits against the Android manufacturers that crap out a new device every month?

[Porco]

I think 1st gen iPad owners would have a stronger case for "planned obsolescence" than 3rd gen owners. Pretty silly law suit though, Apple can release a new iPad whenever they like, and no-one is forced to by every revision. Maybe check the Apple website before plonking down a pile of cash in future?

[centauratlas]

Lesson to Apple: Don't update Brazil's products except once per year. They get a model late? Oh well, too bad.

[MacBoobsPro]

Looks like Im in for 2 new cars. Mine is a Mk1 and the Mk3 is out this month. Woooo!!!!

[AJTC]

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.

[khovland92]

Originally Posted by Xenomorph

So where are all the lawsuits against the Android manufacturers that crap out a new device every month?

Seriously. They are being targeted just because they are Apple. New tech products come out all the time. Are they actually suggesting Apple should delay tech launches in their country?????? Completely ridiculous, ESPECIALLY for the nature of the industry.

[bushido]

lol cant blame them for trying. better than us germans who bitch yet no one bothers to do anything about certain things. gema ... gez ... sigh

[topgunn]

I bought a 2 slice toaster and not a month later I saw that there was a 4 slice toaster available and now my 2 slice toaster is obsolete.

[AppleScruff1]

Maybe it's bad karma? Apple sues everyone and now it's coming back to them?

[hagar]

Last time I checked, Apple is a company with only one goal: making money. Even if they planned on releasing a new iPad every day, there's no problem with that.

Why are so many people considering their last year iToys to be obsolete because a new one comes along. The day you purchased it, you were happy to pay for it, so nothing can change that 6 or 12 months later.

Okay, switching over to a new connector and a whole new ecosystem of accessories is annoying, but again, they can introduce a new connector on every model if they wanted to.

[snipper]

Europeans have sort of become used to reading about absurd lawsuits in the media, but usually they take place in the US. Are the Brazilians trying to beat the North-Americans in their own court?