In that vein, even if a disclaimer was on the commercial some people would believe something it's not or misconstrue the intent. And if someone believes something it's not, any damage that would result treating the thing differently than it should be treated, is on the person.
No doubt there will always be some people who misunderstand, intentionally or not, even the most sincere disclaimer. Such situations with a spectrum of responses are why courts often rely on the hypothetical "reasonable man", or in this particular case the "average consumer". If the average consumer is likely to honestly misunderstand a disclaimer, then the disclaimer is insufficient.In that vein, even if a disclaimer was on the commercial some people would believe something it's not or misconstrue the intent. And if someone believes something it's not, any damage that would result treating the thing differently than it should be treated, is on the person.
iThink it is very misleading... leaving the ambiguity to the consumer.... advertising an item that boasts liquid “protection”, yet, disqualifying consumers from warranty coverage due to iPhone not having liquid protection coverage -UNLESS YOU BUY APPLECARE+- is dubious!!In summary, Apple's disclaimers in this matter were constructs likely (and maybe intended) to mislead the average consumer into thinking that the iPhone is suitable for e.g. 4m for 30mins in real life, while hiding the information that would invalidate this perception in such manner that Apple could still pretend to have informed the consumer.
And yet for years (even now) if you ever bought a "water-resistant" watch without a specific depth marked on the case, you would never have expected it to survive anything more than a hand wash without damage.The average person does not understand the difference between water resistance and water proof.
People realised that suing for stupidity is far more satisfying than simply not being stupid. Somehow they believe that their gadget packed with sensitive electronics is less susceptible to damage.That's quite the leap. Many people with expensive watches, I would think, understand the difference between water resistance and water proof. And while people can believe anything, the reasonable person not believe their personal electronic devices are water proof, imo.
It amazes me that there is this general discrediting of the intelligence of the population. Millions somehow manage to navigate the vagaries of buying a car, determining the model, understanding the operation of the vehicle, but can't figure out that personal electronic devices should be kept away from liquids.
Applecare+ covers accidental liquid damage regardless if the device is waterproof or not.iThink it is very misleading... leaving the ambiguity to the consumer.... advertising an item that boasts liquid “protection”, yet, disqualifying consumers from warranty coverage due to iPhone not having liquid protection coverage -UNLESS YOU BUY APPLECARE+- is dubious!!
Which gets back to the thought this is just a money grab.Yes, however, had they put a disclaimer Apple wouldn’t have been fined.
This is really all there is to it.
Note to self: just unfollow this thread.
Below is the notation on apple.com. It seems clear to me exactly what is being said..."controlled laboratory conditions". It's reasonable the average person would expect the iphone 12 to withstand a splash of clear water, subject to the caveat of age and damage from physical abuse, heat and cold. We may have different versions in our heads of what constitutes a reasonable person...unless a device is marketed as waterproof under warranty from liquid damage reasonable people/average consumers that I know treat the product accordingly.No doubt there will always be some people who misunderstand, intentionally or not, even the most sincere disclaimer. Such situations with a spectrum of responses are why courts often rely on the hypothetical "reasonable man", or in this particular case the "average consumer". If the average consumer is likely to honestly misunderstand a disclaimer, then the disclaimer is insufficient.
Apple's disclaimers in this case kept emphasizing depth and duration, e.g. "4 meters for 30 minutes". From this I would argue that it is reasonable for the average consumer to assume that the device in question is suitable for some light snorkeling at the sea shore, for example. Moreover, people are used to finding disclaimers for this and that, and they understand that disclaimers restrict some earlier claim to certain conditions - and when reading the disclaimer "4 meters for 30 minutes" it is intuitive to think that this is the limit, i.e. "aha, so not actually perfectly waterproof, but 4m for 30 mins is still pretty good, I'll be fine".
It is not obvious that this disclaimer basically has a second, more severely restricting disclaimer. "Controlled laboratory conditions", for all the average consumer knows that might mean 42 tests at specific levels of salinity, temperature, and speed, rather than "only in perfectly static fresh water". Apple does not explain, they merely refer to IEC standard 60529, a closed standard not readily accessible to the average consumer.
In summary, Apple's disclaimers in this matter were constructs likely (and maybe intended) to mislead the average consumer into thinking that the iPhone is suitable for e.g. 4m for 30mins in real life, while hiding the information that would invalidate this perception in such manner that Apple could still pretend to have informed the consumer.
lol. You don't think the ad says the same thing or similar to what I posted? Oooookay.
lol. You don't think the ad says the same thing or similar to what I posted? Oooookay.
Up to 4 meters and 30 minutes. UP TO. That doesn't imply it will hold up that long. Exactly the opposite of that.To quote the article:
“Specifically, Apple is being charged for misleading claims in promotional messages about how deep and how long iPhones can be submerged in water without being damaged.
In marketing materials related to iPhone 8, iPhone 8 Plus, iPhone XR, iPhone XS, iPhone XS Max, iPhone 11, iPhone 11 Pro and iPhone 11 Pro Max, Apple said its iPhones were water resistant at a depth of between one and four meters for up to 30 minutes, depending on the model.
However, according to the country's competition regulator, the messages did not clarify that the claims are only true under specific conditions, for example during controlled laboratory tests with the use of static and pure water, and not in the normal conditions of use by consumers.”
That’s what the regulating authority took issue with.
I see you are bit senstivie on this topic...nobody has said that this Italian organization is corrupt. What I have suggested (and others) is that the Italian authority seems to apply double-standard when it comes to Apple and other Silicon Valley tech companies. I'm not american, I'm Spanish and it is clear that there is a strong political agenda in Europe to exercise pressure on foreign multinational companies, especially if they are from the tech sector. This is nothing new. The European Commission has been fighting with Apple for years now saying that it did not paid its taxes in Ireland, and the funny thing is that even the Irish government is on Apple' said on this saying that Apple has paid all it is tax due in compliance with the Irish tax laws. Acting as offended does not help and cant hide the undelrying truth which is that all these fines, regulations and taxes are put only to grab some money from Apple and other tech giants. False advertising? Give me a break. Just switch on the television and see some ordinary commercials from women pads absoring gallons of liquids to detergents that can clean by way of a magic, there is false advertising all around us and yet, we are fining 10 million Apple because they say that the iPhone has some water resistence. Dont worry, Apple for sure is fighting this in courts and if does not win, the government would just change the law, apply a new fine, and then win in courts. This is how politics works in Europe and also in the US.Have no idea. Do you? It’s not me that is assuming that this Italian organization is corrupt. Don’t you see a pattern on this forum? If any European organization, local or global, fines of finds Apple in non compliance either its because they are bunch of money grabbers and the situation needs to be analyzed and cross referenced with blogs on the subject as well having a deep look on their historical practices. This coming from common American people I suppose.
I personally find this what seams to be a recurrent posture exposed in this forum, dangerous even. It may expose a on going American distrust over anything foreign, including allied countries. Its baseless, if not for the recent Trump propaganda, heck even Canada was in the grab? Let’s be serious people.
Apple should appeal this local decision as well as any decision that don’t fit their goals. I’m sure that any European country is able to judge and deal with this impartially as well as they are familiar and practice western values. Much like I suppose any foreign company would be treated in the US ...
For instance Spotifly just before the IPO was sued in the US over $1.6B over Copy Right violations ... Apple too not long time ago. Every year Apple one way or another is sued in the US, it must be Monet grabbing too?
It’s just business as usual. In Italy, US or any other other country. No one has the moral ground to pass judgement without all the facts in their hand and even than you need to be equipped to interpret them. That is for experts to do.
Which gets back to the thought this is just a money grab.
Up to 4 meters and 30 minutes. UP TO. That doesn't imply it will hold up that long. Exactly the opposite of that.
I see you are bit senstivie on this topic...nobody has said that this Italian organization is corrupt. What I have suggested (and others) is that the Italian authority seems to apply double-standard when it comes to Apple and other Silicon Valley tech companies.
And which second of the video clarifies this to make sure it’s not misleading?
Whatever it is, it wasn’t enough to convince the authorities. Idiotic marketing, nothing else.
lol. You don't think the ad says the same thing or similar to what I posted? Oooookay.
Up to 4 meters and 30 minutes. UP TO. That doesn't imply it will hold up that long. Exactly the opposite of that.
Up to 4 meters and 30 minutes. UP TO. That doesn't imply it will hold up that long. Exactly the opposite of that.
That is spot on. You can’t have an advert claiming 4 meters for 30 mins and then claim any water damage isn’t covered. You have made a claim and you must honour it.No doubt there will always be some people who misunderstand, intentionally or not, even the most sincere disclaimer. Such situations with a spectrum of responses are why courts often rely on the hypothetical "reasonable man", or in this particular case the "average consumer". If the average consumer is likely to honestly misunderstand a disclaimer, then the disclaimer is insufficient.
Apple's disclaimers in this case kept emphasizing depth and duration, e.g. "4 meters for 30 minutes". From this I would argue that it is reasonable for the average consumer to assume that the device in question is suitable for some light snorkeling at the sea shore, for example. Moreover, people are used to finding disclaimers for this and that, and they understand that disclaimers restrict some earlier claim to certain conditions - and when reading the disclaimer "4 meters for 30 minutes" it is intuitive to think that this is the limit, i.e. "aha, so not actually perfectly waterproof, but 4m for 30 mins is still pretty good, I'll be fine".
It is not obvious that this disclaimer basically has a second, more severely restricting disclaimer. "Controlled laboratory conditions", for all the average consumer knows that might mean 42 tests at specific levels of salinity, temperature, and speed, rather than "only in perfectly static fresh water". Apple does not explain, they merely refer to IEC standard 60529, a closed standard not readily accessible to the average consumer.
In summary, Apple's disclaimers in this matter were constructs likely (and maybe intended) to mislead the average consumer into thinking that the iPhone is suitable for e.g. 4m for 30mins in real life, while hiding the information that would invalidate this perception in such manner that Apple could still pretend to have informed the consumer.
I don't know about that. I thought waterproof cameras were truly waterproof until I read through this thread. I have an Apple Watch 5 that, until this thread, I believed to be waterproof because they show people swimming with it. You have to think about the entire population...I'm getting my master's degree in social work at a really competitive school, and you'd be surprised how many educated people are clueless when it comes to things like electronics. Honestly, after November we have proof that half of the voters in this country will fall for anything they're told. Also, no one is reading the disclaimer on Apple's website but us, honestly. Half of the people in this country are fully and completely stupid and will even believe the Earth is flat because they watched a video on YouTube. Don't even get me started with teenagers who eat soap because they saw it on a videoThat's quite the leap. Many people with expensive watches, I would think, understand the difference between water resistance and water proof. And while people can believe anything, the reasonable person not believe their personal electronic devices are water proof, imo.
It amazes me that there is this general discrediting of the intelligence of the population. Millions somehow manage to navigate the vagaries of buying a car, determining the model, understanding the operation of the vehicle, but can't figure out that personal electronic devices should be kept away from liquids.
I agree with you, but who couldn't? In my personal opinion, the sole purpose of that commercial was to demonstrate to consumers that the phone is waterproof/water resistant. The disclaimer should say "Not actually waterproof", but even that wouldn't be enough seeing how many people need lasses and use captions on their tv that might cover such a message. Honestly, they should stop promoting half-baked features and focus on the positives of the phone, like privacy, materials, design, et cetera.No doubt there will always be some people who misunderstand, intentionally or not, even the most sincere disclaimer. Such situations with a spectrum of responses are why courts often rely on the hypothetical "reasonable man", or in this particular case the "average consumer". If the average consumer is likely to honestly misunderstand a disclaimer, then the disclaimer is insufficient.
Apple's disclaimers in this case kept emphasizing depth and duration, e.g. "4 meters for 30 minutes". From this I would argue that it is reasonable for the average consumer to assume that the device in question is suitable for some light snorkeling at the sea shore, for example. Moreover, people are used to finding disclaimers for this and that, and they understand that disclaimers restrict some earlier claim to certain conditions - and when reading the disclaimer "4 meters for 30 minutes" it is intuitive to think that this is the limit, i.e. "aha, so not actually perfectly waterproof, but 4m for 30 mins is still pretty good, I'll be fine".
It is not obvious that this disclaimer basically has a second, more severely restricting disclaimer. "Controlled laboratory conditions", for all the average consumer knows that might mean 42 tests at specific levels of salinity, temperature, and speed, rather than "only in perfectly static fresh water". Apple does not explain, they merely refer to IEC standard 60529, a closed standard not readily accessible to the average consumer.
In summary, Apple's disclaimers in this matter were constructs likely (and maybe intended) to mislead the average consumer into thinking that the iPhone is suitable for e.g. 4m for 30mins in real life, while hiding the information that would invalidate this perception in such manner that Apple could still pretend to have informed the consumer.
Samsung has the same type of "warranty" with it's ip68 rated phones such as the Note. As far as watches:It’s interesting that you mention water resistant / proof watches. Because the warranty of any respectable brand does cover water related damages within period of 2 years provided some conditions are met. Examples of conditions: glass, crown, back, crown ... aren’t damaged. This is a long way from Apple stance, basically its says that its water resistant IP whatever, and does not cover the feature in any shape or form (use our feature at your own risk).
Sure, that is the exact definition of an opinion.On the matter of your opinion, not being a political opinion but just an opinion. It’s a funny one. Because you seam to be inclined to simply conclude in this case without any facts that the Italian regulators are a bunch of money grabbers which implies corruption and lies. Its funny. In my my mind a political opinion is still an opinion, so it must be of other kind, not technical neither scientific that is for sure.
I'm as inclined to protect Apple interests are you are inclined for a "guilty until proven innocent."You see, Politics is not confined to political parties or ideals of social organization. Indeed, in sum are activities that are related to protecting or empowering a person, group of persons, an organization up to entire countries interests over or with others. It seams to be the case that you are inclined in protecting Apple interests, join this with a none technical opinion with no facts to back it up is indeed a political opinion.
Actually, the fact is, from Apple's website (Samsung's website is similar):We have 4 facts here:
- Italian regulators found that the water resistance feature does not work as the marketing suggests.
- Apple warranty does not cover the water resistance feature in any shape or form.
- Usually water resistant goods are protected by warranty, in case of damages driven by exposure to water. Case in case, examples of water proof / resistant watch‘s.
- iPhone and Apple Watch are IP67 certified.
Apple probably should have had a disclaimer, the least of which was to review the website for relevant information, but that doesn't mean the iphone 12 is not IP68 resistant. As a consumer of Apple products (and other electronic devices), I'm glad my iphone can withstand some water damage, but I wouldn't bet the farm by going swimming with my iphone. I totally understand why Apple (Samsung) does not warrant water damage. As an extra credit assignment can you name one manufacturer that claims water resistance that covers liquid damage?Now, personally I have no opinion on the regulators decision because I have no data about the test done by the regulators. Neither my position is politically motivated considering I have no interest in either party. I’m just a consumer. As a consumer it‘s nevertheless odd that the manufacturer does not provide any form of warranty over an advertised feature. Still even if the regulators stance has merit, it does not mean that Apple is lying regarding their IP whatever certification, or that it was done badly. Because what is in question by the regulators, is not so much the certification, but how Apple is dealing with it in terms of customer support and its marketing.
There does seem to be much cognitive dissonance on this particular subject...I wonder why? As far as "accusing" an organization of a money grab without any facts to back it up, seems the facts speak for themselves. The iphone is ip68 rated, that doesn't mean water resistance lasts forever or works 100% of the time, based on abuse, heat or cold. Even if I don't have all of the facts, neither do you and you can't rule out this being a money-grab either.Now you may taint your opinion the way you want, acuse the organization without any facts to it back up, or think that who ever thinks different on this matter is against Apple. Worst a bunch of money grabbers, corrupt or whatever. Still these 4 facts remain and have no direct correlation with the politically motivated qualifiers of your choice. Even if the core of your political activity is motivated simply by something as mundane as of protecting the interests and policies of a company that you have grown fond of, your approach to your own opinion making process is very much political.
Cheers.