This is why Apple will win all the cases claiming planned obsolescence. Nobody can prove this was done with malicious intent to force people to upgrade. For that you’d need to know what percentage of devices are getting throttled AND if the owner of that device bought a new iPhone only for that specific reason (they didn’t upgrade to get the newest features, better cameras, wireless charging, FaceID or because their carrier had a promotion).
You’d also have to show that the majority of devices are affected. Planned obsolescence requires this.
Further, Apple is doing $29 battery replacements. This restores full performance and is the exact opposite of planned obsolescence as it extends the life of devices for another couple years.
Yeah, I'm not holding my breath on any of that either.
I don't think the $29 battery replacements absolve Apple of any past wrongs; it's an atonement - and a temporary one at that. It does nothing for a lot of people who have upgraded.
Of course that brings us back to intent. Nobody can prove it at the moment, and I believe it's unlikely to be proven. The most proof of guilt we have is the $29 battery replacement which is no proof at all.