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

[Lancer]

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refers to misleading publicity, if it is proven beyond doubt that Apple deliberately fooled the public in buying an outdated device (see excerpt of article 37 below):

And again this comes back to a retail level because as soon as the iPad 4 was release Apple stopped selling the iPad 3 on it's websites around the world.

The only way Apple could be sued is if Apple Stores continued selling the iPad 3 without making customers aware of the new model.

This sounds more like Apple being an easy target because of who they are, thats assuming the story is even true, which I may not be.

 

[BaldiMac]

On point one - what people? How do you know other people around the world have no issue? You or I don't.

That's unnecessarily non-committal. They've been doing it for more than a decade. It's not an issue. That doesn't discount the fact that there are surely exceptions. People do things without thinking all the time.

I don't think the naming convention is really the major component of the (now debunked) suit.

Either do I. I'm questioning the poster's comments.

I agree that the term identical is the wrong word. But there's no use in clinging onto that specific word (now) because the conversation has progressed and he's stated what he actually meant. He may not admit to whether or not identical was the right word choice - but it's clear what his point was. Crystal clear, if you ask me.

His point was clear. I just think it was wrong.

 

[samcraig]

His point was clear. I just think it was wrong.

You keep "harping" on the fact he said they were identical. You don't keep commenting about whether or not his actual beliefs since then are right or wrong. Or rather - you just keep stating that his initial word choice was wrong. What's the point? It's clear past that initial post that wasn't what he meant and/or the thrust of his argument went on to explain his position.

Are you posting "what was being discussed was your claim that the 3rd and 4th gen iPads are physically identical. Which is obviously not true." because you want him to admit he used the wrong word? If so - good luck.

I don't agree that what was being discussed was his word choice. Maybe initially - but he then posted clarification to his point. Seems like a fruitless pursuit.

 

[BSben]

So have you been enjoying those Russian meteorite videos? Oh sorry, there was apparently a faint echo of a song in most of them, and they have all been **** down in Germany.

Start work on fixing that hot mess 1st.

Maybe mind your own country first before attacking people just because they are not from the US of ****** A

 

[IJ Reilly]

Again, people don't seem to have that problem with other Apple products. Other than the iPhone and the iPad 2, none of the major Apple products are renamed when they are upgraded.

But, again, what was being discussed was your claim that the 3rd and 4th gen iPads are physically identical. Which is obviously not true.

Literalism wins every time. No further discussion required, obviously.

 

[patseguin]

Seriously suing a company for releasing a new product too soon, and we thought they were bad in the US?

They introduced a product and then very soonn after introduced a product much the same except with a superior graphics chip and new connector. I believe Apple did this on purpose and I believe Brazlians and really all Apple users have a case. I think it was in very poor taste for Apple to do this.

 

[samcraig]

Literalism wins every time. No further discussion required, obviously.

Apple TV was (now it will be argued that it's not a major product)
MacBook Pro/Mac Book Pro with Retina


Also - given the % of business that comes with iOS devices compared to others - I'd say that just the iPhone and iPad is pretty significant.

 

[50548]

Well... you clearly don't know what happens here in Brazil. Instead of selling iPad 4, Apple Store and resellers still sell iPad 3 without any information about this. The ads shows only:

Buy iPad
"iPad 2" and "iPad with Retina Display"

After months from the launch day, the iPad Mini and iPad 4 aren't available here yet. This is ok, but ads don't point that the iPad they are selling aren't the latest iPad that newspapers and magazines shows as "the latest Apple tablet".

I'll read the news in portuguese, but I presume that this is the main issue, nothing related to programmed obsolescence.

Exactly. In other words, possible misleading publicity.

 

[cclloyd]

With the move to lightning I find it smart that they released an ipad so that all their products use the same connector. It's not like the iPad 4 is forcing them to stop using their old ipads or buy a new ipad.

 

[50548]

They introduced a product and then very soonn after introduced a product much the same except with a superior graphics chip and new connector. I believe Apple did this on purpose and I believe Brazlians and really all Apple users have a case. I think it was in very poor taste for Apple to do this.

Actually I would still side with Apple if this were the case - the issue in Brazil is probably more related to misleading publicity, where the company sells/advertises a device as being "the latest" when it is no longer the case. See my other post above for further reasoning associated with the Brazilian and other markets.

 

[gumblecosby]

I feel ashamed. Now the brasilian store will never open

No need to be ashamed. You country is fantastic. I love going there to see my GF's family. Most of the mud slinging is from people who probably dont get out much.


How can anyone hate the people who invented Carne Louca?

 

[Sy7ygy]

Hasn't brazil got better things to do?

Like becoming more corrupt.

Send in Bane.

 

[brdeveloper]

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?

Well, this rumour in the forum is potentially misinformed. The main issue is that iPad 3 is offered as "iPad with Retina Display". There isn't any information stating that it's not the latest iPad announced in most news.

Almost everything knows that the iPad is in its 4th version, but stores are hiding this information confusing consumers.

It's funny that you in USA whine when you buy a product which receive an upgrade 1 month later. Usually, Apple has refunding/recall policies in US when this happens. But in Brazil, besides we're not protected by any refunding or return policy, consumers are being misled to buy a product which isn`t the latest one.

 

[Lancer]

They introduced a product and then very soonn after introduced a product much the same except with a superior graphics chip and new connector. I believe Apple did this on purpose and I believe Brazlians and really all Apple users have a case. I think it was in very poor taste for Apple to do this.

If this story is true (and it might not be) then I only think Apple has a case if it's retail stores continued to sell the iPad3 without making customers aware of the new model. Then yes they have a case, after that it comes down to consumers doing research and knowing what they are buying when it comes to devices like this that can cost a small fortune for some.

This is probably the reason Apple normally doesn't per-announce any products so sales staff have plausible deniable, they don't know when or if a new product is coming until the official announcement and release information.

But again if a reseller was still selling the 3 as if it was the latest model at it's original retail price after the 4 was announced (with reasonable time for displays to be changed) then yes they have a case.

 

[BaldiMac]

You keep "harping" on the fact he said they were identical.

Keep "harping"? I said it three times. The third time because he and JAT were discussing different things.

You don't keep commenting about whether or not his actual beliefs since then are right or wrong. Or rather - you just keep stating that his initial word choice was wrong. What's the point? It's clear past that initial post that wasn't what he meant and/or the thrust of his argument went on to explain his position.

Maybe you are combining my posts and JAT posts together.

Are you posting "what was being discussed was your claim that the 3rd and 4th gen iPads are physically identical. Which is obviously not true." because you want him to admit he used the wrong word? If so - good luck.

No. JAT was still discussing whether they could be told apart physically. IJ Reilly was responding by discussing customer ignorance keeping them from telling things apart. I sought to clarify that they were discussing different things.

Literalism wins every time. No further discussion required, obviously.

Maybe you missed that I responded to your new point?

Apple TV was

No, it wasn't.

MacBook Pro/Mac Book Pro with Retina

"With Retina" is just a description. Not part of the official product name. It's much like how the new iPad is called "iPad with Retina display"

Also - given the % of business that comes with iOS devices compared to others - I'd say that just the iPhone and iPad is pretty significant.

Yep. Not sure how that changes the point.

 

[dBeats]

So this is a lawsuit about people who think they should have at least one year of euphoria of owning the "top" model. That isn't obsolescence, that's being a Diva. If all iPad3s, 2, 1, stopped working the minute the 4 came out, MAYBE they would have a case. But this is pure Diva whininess at its worst. Worse than a Bay Area hipster with a trust fund getting pissed that his tweets aren't being top rated anymore because the rating system changed...

 

[50548]

Like becoming more corrupt.

Send in Bane.

Perhaps you should check Transparency International's corruption index before repeating stereotypical nonsense around here...there are MANY, MANY countries way more corrupt than Brazil, including so-called "richer" ones.

----------

So this is a lawsuit about people who think they should have at least one year of euphoria of owning the "top" model. That isn't obsolescence, that's being a Diva. If all iPad3s, 2, 1, stopped working the minute the 4 came out, MAYBE they would have a case. But this is pure Diva whininess at its worst. Worse than a Bay Area hipster with a trust fund getting pissed that his tweets aren't being top rated anymore because the rating system changed...

Read the thread again - it's nothing to do with "not having the newest model" - it's about selling iPad 3 as the latest when this is no longer the case.

 

[samcraig]

No, it wasn't.



"With Retina" is just a description. Not part of the official product name. It's much like how the new iPad is called "iPad with Retina display"



Yep. Not sure how that changes the point.

You're right. Apple TV didn't change. My mistake. That's more of an "inside" understanding (2 vs 3)

Retina isn't just a description - it's called out very clearly on their literature and website. It's not part of the product name - but it's attached as if it was.

And the whole iPad with Retina isn't the same here ONLY because both the 3rd and 4th generation both have retina. It's not a differentiator between the two models. And that's probably one of the points. Or it WOULD be if there was an actual lawsuit LOL

 

[BaldiMac]

Read the thread again - it's nothing to do with "not having the newest model" - it's about selling iPad 3 as the latest when this is no longer the case.

Who sold the iPad 3 as the latest model? I don't see any accusation that Apple did.

According the the OP, it's about:

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.

Basically, they don't think the iPad 4 is different enough from the iPad 3. And somehow Apple deserves to be punished for that.

 

[samcraig]

Who sold the iPad 3 as the latest model? I don't see any accusation that Apple did.

According the the OP, it's about:


Basically, they don't think the iPad 4 is different enough from the iPad 3. And somehow Apple deserves to be punished for that.

Well also to be fair - it's a translation. Which may or may not be accurate.

And now I see the lawyer quoted has confirmed whereas the previous update implied it was unconfirmed or called into question.

 

[BaldiMac]

Retina isn't just a description - it's called out very clearly on their literature and website. It's not part of the product name - but it's attached as if it was.

And the whole iPad with Retina isn't the same here ONLY because both the 3rd and 4th generation both have retina. It's not a differentiator between the two models.

I see what you are saying, but you are only looking at the exceptions that fit your point. When the MacBook Pro was upgraded from 2010 to 2011 it was still the MacBook Pro. It was identified by it's year or by it's new features when being talked about. Same thing with iPods. Same thing with Apple TVs.

Same thing can be done with iPads now. If a store lies about which version they are selling that's wrong. If a store only has an iPad 3 in stock and you are ignorant of the differences, that's on you. If the store markets the iPad 3 as the newest iPad, that's a problem.

And that's probably one of the points.

Not according to the OP.

Or it WOULD be if there was an actual lawsuit LOL

FYI- Another update to the OP claims it may be real again.

 

[barcellos]

Your country has produced the greatest soccer players of the world, you should be proud, next year hope they will hold the World cup soccer trophy high, it is because of some lawyers and policy makers that make the poor decision.

Yes, in soccer, as in F1 with Ayrton Senna (as a child I watched the F1 races and it was really inspiring). But my point here are the laws that govern this country. Now comes this group wanting to take money from Apple. And I'm not defending Apple. Would find it ridiculous if it were any other company. Every consumer should know what you're buying, period. What to speak of the auto industry? You buy a car today and tomorrow appears an advertisement on TV about the new model of your car ... Someone will sue the company? Let the market regulate this situation. Maybe he did not buy the car from that automaker more. The consumer always has the choice. Nobody is forced to buy anything.

 

[Count Blah]

Maybe mind your own country first before attacking people just because they are not from the US of ****** A

Who did I attack? I was simply saying that it appears to me that some jokes are being taken out of context. And I'd say that most people here(USA) realize it's sleazy lawyers doing this, not the country of Brazil.

But whatever makes you happy.

 

[Macist]

Apple is the poster child for planned obsolescence - durability, modularity, repairability and upgradability are just not in its makeup.

Looks like Brazil may have to ban all Apple products.

 

[BaldiMac]

Apple is the poster child for planned obsolescence - durability, modularity, repairability and upgradability are just not in its makeup.

Looks like Brazil may have to ban all Apple products.

Huh.

**Thinks about my 4-5 year old iMac, 8 year old iPod, and 5 year old Apple TV, 4 year old Time Capsule...**

Maybe not.