Wow this is funny, this is becoming a EU/US war in here. Soon we're gonna see the classics: dark red European socialists vs. crazy US citizens obeying the big corporations that enslave them
Let us summarize the different bad-faith arguments here:
1) But there is a disclaimer, people are stupid in Australia/Europe
2) Americans have broken the sanctity of 4G by associating HSPA+ and other 3G something technologies to it
4) People are stupid and just want to sue
So let's take those arguments 1 by 1, and try to be fair:
1) Yes, there is a disclaimer. But Apple is marketing the new iPad on their website as "lightening fast Wifi + 4G". If Nokia advertised a phone in the US, as "
The Nokia Gold; the best phone to make phone calls", and it had a disclaimer down below stating:
"Phone calls are only available in limited areas, such as Sweden and Norway"; then the consumer protection associations in the US would also be complaining about false advertising.
Remember people: we are talking about "misleading advertising" here, so it doesn't matter the legal copy, what matters is what is believed to be sold to the consumers on the big billboards.
2) Yes, maybe AT&T and others wanted to sell more by pretending 3G++ networks were 4G. But let's be honest, though Europe was way ahead for 3G (the release of the first EDGE iPhone was a joke at the time, 2G phones had nearly completely disappeared in Europe); the US clearly are ahead in terms of 4G (both "fake" and "LTE"). Very few big European countries have commercially available LTE; and even HSPA+ penetration is not that good.
So whether we do or do not market 3G++ as being 4G is not the matter: Europe has lost this battle, get over it, we'll see for 5G
3) This is not about suing anyone, or wanting to take down Apple. Yes, Apple fans or tech savvy persons do understand the frequency game; but here in Europe the mentality is different when it comes to corporations: a company is not a person, and none of its rights comes before the ones of the individuals. As opposed to the US, no one gets millions of dollars for suing a company (or anyone); compensations are always in the hundreds or the thousands of Euros depending on the country. And it's not even the question here; no one wants to hurt Apple (no one could), it's just a matter of forcing Apple to slightly rephrase its adds, so that a standard 50-something user won't buy an iPad for its 4G compatibility, thinking in 6 months with the commercial LTE launch, his iPad will be faster.
So don't make a fuss about it, Apple will rephrase its adds and learn the lesson. Being an American company, using the 4G term for HSPA+ seemed natural, and they didn't need a lot of bad faith to think it would pass in Europe. That's it.