I try be more proud about my country. But sometimes I cant, like this lawsuit!
I'm from São Paulo.
I have posted this reply in other forums, but here it goes again:
Even as a Brazilian I find it extremely difficult to agree with such a lawsuit - it is more than clear that Apple has provided sufficient information for potential customers in Brazil to make their purchasing decisions. However, most of the usually US-centric comments in this thread ignore that different countries follow different consumer protection principles, particularly those with a clear European Continental Law background like Brazil. Whereas in the US one normally follows the principle of contractual freedom and little else, in many other countries you can have comprehensive statutes which do, indeed, play an important role against possible abuses by vendors and service providers.
In any case, the only theoretical possibility that a judge might consider refers to misleading publicity, if it is proven beyond doubt that Apple deliberately fooled the public in buying an outdated device (see excerpt of article 37 below):
"§ 1° É enganosa qualquer modalidade de informação ou comunicação de caráter publicitário, inteira ou parcialmente falsa, ou, por qualquer outro modo, mesmo por omissão, capaz de induzir em erro o consumidor a respeito da natureza, características, qualidade, quantidade, propriedades, origem, preço e quaisquer outros dados sobre produtos e serviços."
Having said the above, I still consider this as just another easy case for Apple - they won't have to spend much time on it.
p.s.1: For the "enlightened" citizens of the US of A here, please understand one thing: your country is, BY FAR, the most prodigal in frivolous lawsuits, particularly class-action suits like the one above...if in doubt, go check the pathetically-funny Stella Awards.
p.s.2: Brazil is not the new China, and never will become one. We are western people with western values and have ZERO similarity with low-cost sweatshops in Southeast Asia, Eastern Europe and Central America. So go read more about the country instead of spouting nonsense.
p.s.3: Apple devices are expensive in Brazil because of HIGH import taxes aimed at fostering local manufacturing (exactly what YOU are asking for now in your own country - LOCAL plants), numerous indirect taxes and the excessive willingness to pay more of many middle- and higher-class Brazilians. This is not Burundi, ya know...