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Brazilian lawsuit accuses Apple of 'planned obsolescence' with fourth-gen iPad

post #1 of 104
Thread Starter 
Apple's legal troubles in Brazil grew on Thursday, as news emerged that the company has been hit with a class-action suit alleging that the quick release of the fourth-generation iPad constitutes "planned obsolescence" with regard to its predecessor.

Brazil's Jornal do Com?rciao [Google translation via MacMagazine.com.br] reports that the Brazilian Institute of Politics and Law Software (IBDI) has filed suit against the iPad maker, claiming that the company could have, when launching the third-generation "New iPad," implemented all of the technological upgrades it introduced in the fourth-generation model. Apple's failure to do so, the suit alleges, amounts to planned obsolescence and unfair business practices.

iPad


"Consumers thought [they were] buying high-end equipment," said IBDI attorney Sergio Palomares, "not knowing [it] was already an obsolete version."

If Apple is found guilty of unfair business practices, the company could be forced to compensate all Brazilian customers who bought the third-generation iPad.

The newest model of iPad debuted in October alongside the iPad mini. The new model was largely acknowledged as an incremental upgrade to the third-gen model, which it replaced after only six months. Following the introduction of the fourth-gen iPad, some Apple Stores began allowing customers to exchange their slightly older models for slightly newer ones, though this was not a nationwide company policy.

The newer iPad does offer a faster A6X processor, a FaceTime HD camera, and a port compatible with Apple's new Lightning connector standard. These are the features, the IBDI suit claims, that could have been built into the third-generation model.

The IBDI suit isn't Apple's only worry in Latin America's biggest market. The company also faces a struggle over rights to the iPhone brand in the country, having lost the right to the trademark after a court found in favor of Gradiente Electronica, a company that first registered the iPhone trademark in 2000.
post #2 of 104
Flipping idiots.

If Apple waits 6 months to release a new product, everyone whines that they're falling behind - because Android phone manufacturers release 20 new products a year. If Apple releases a new product after 6 months, they get sued for planned obsolescence.

I really hope this one gets thrown out quickly. I'd hate to thing that Brazil is getting messed up by a$$hat lawyers as much as we are in the US.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #3 of 104
Ridiculous.

Good luck with that.

The 4th gen iPad hardly makes the 3rd gen obsolete in any event.
post #4 of 104
What a pile of tripe. It isn't like Apple made iOS 6 so it doesn't run on anything but the iPad 4 and the Mini and then kill switched all apps that weren't up to iOS 6 including in their built ins so those units no longer work.

There's little to nothing other than the lighting connector that is really different between the two models. Certainly not enough of anything to say the iPad 3 is no longer 'high end'

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post #5 of 104
Oh dear. I suspect Brazil is now added to the two minutes hate list of some AI forum members...
post #6 of 104
I wonder if they'll also sue Samsung, HTC, and all the other phone manufacturers who come out with a new model every month.
post #7 of 104

My iPad 3 works fine, oh and tech envy does NOT equate to obsolete.

post #8 of 104

Waaatttt???? Hahaha!

post #9 of 104
I don't even consider my 3-year-old 1st gen iPad "obsolete". It works great, and I can't even install iOS6 on it.
post #10 of 104

How is the iPad 3 obsolete?  Christ the Redeemer, there's still millions of people using the 1stGen iPad.

post #11 of 104
This was one of those very rare times I read an article and said out-loud "WTF??""

Really, this has got to be one of the dumbest, idiotic lawsuits ever to be put out in the court system of any country.

A (technology) company being sued for coming out with updated products too fast?

I bought my iPad3 three months before the 4th-gen came out. Was I bummed? I suppose so in some strange way that makes no sense. Did the new one make my "old" one inoperable? No. I still have it, works great for what I use it for.

As an AAPL holder, I hope Apple takes this one all the way and counter-sues for wasting company money on moronic cases.
post #12 of 104

Breaking: idiots sue because technology changes.

 

Unfortunately, this will probably go to court.


Originally Posted by stike vomit View Post
Oh dear. I suspect Brazil is now added to the two minutes hate list of some AI forum members...
 

Tell us how this is intelligent using any definition.

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already fucked.

 

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Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already fucked.

 

Reply
post #13 of 104
There is an easy solution for this. Apple keeps their 6-month cycle on other parts of the world except Brazil. Ta-da!
post #14 of 104

I didn't know that C|Net and ZDNet forums were that popular in Brazil.

post #15 of 104

Quote:
Originally Posted by Tallest Skil View Post

Tell us how this is intelligent using any definition.

 

You tell me, Dr Skil. Personally I think the lawsuit is bullshit. But judging by the reaction on here to news items involving China, or South Korea, I wouldn't be surprised to see fireworks aimed at Brazil over this also.

post #16 of 104
Quote:
Originally Posted by stike vomit View Post

 

You tell me, Dr Skil. Personally I think the lawsuit is bullshit. But judging by the reaction on here to news items involving China, or South Korea, I wouldn't be surprised to see fireworks aimed at Brazil over this also.

I mean, people get upset at something or someone when ridiculous things happen... It's the way of life my friend.

post #17 of 104

Apple should tell them the lawsuit is ridiculous and if they don't drop it they will completely pull out of Brazil. Computers, phones, tablets, everything. That is the only logical response to something so bizarre.

 

-kpluck 

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post #18 of 104
WTH?!?! The new processor did NOT come out until months later AFTER the iPad 3. iPad4 was updated to have the new processor.

looks like they have no clue on how operations work in technology.
post #19 of 104
Originally Posted by kpluck View Post
Apple should tell them the lawsuit is ridiculous and if they don't drop it they will completely pull out of Brazil. Computers, phones, tablets, everything. That is the only logical response to something so bizarre.

 

-kpluck 

 

Spending a few thousand to get some idiots embarrassed in court is less logical than continuing to earn tens of millions in profit, expand the ecosystem, and directly manufacture units?

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already fucked.

 

Reply

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already fucked.

 

Reply
post #20 of 104
Let me check my calendar...
Nope, not April 1st.
post #21 of 104
Quote:
Originally Posted by stike vomit View Post

 

You tell me, Dr Skil. Personally I think the lawsuit is bullshit. But judging by the reaction on here to news items involving China, or South Korea, I wouldn't be surprised to see fireworks aimed at Brazil over this also.

 

That it is Brazil has nothing to do with the replies. They could have said New York and folks would still be saying WTF over this stupidity.

A non tech's thoughts on Apple stuff 

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A non tech's thoughts on Apple stuff 

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post #22 of 104
Quote:
Originally Posted by Nobodyy View Post

I mean, people get upset at something or someone when ridiculous things happen... It's the way of life my friend.

I know. Brazil brought the lawsuit, so I'm naturally blaming Lichtenstein. :D

post #23 of 104
Quote:
Originally Posted by charlituna View Post

 

That it is Brazil has nothing to do with the replies. They could have said New York and folks would still be saying WTF over this stupidity.

 

My point has already been proven by Apple ][ .

 

(Edit: Apple ]['s post subsequently deleted).  

post #24 of 104
I don't think they understand what planned obsolescence is. Your iPads still work just as well as the day you bought them. Apple will support it is iOS upgrades for years to come. Apple still sells 30 pin accessories even,

If you liked your iPad yesterday but don't like it today because an incrementally better one exists somewhere out there in the world, you're doing it wrong.
post #25 of 104
Quote:
Originally Posted by Tallest Skil View Post

Breaking: idiots sue because technology changes.

 

Unfortunately, this will probably go to court.

 

Tell us how this is intelligent using any definition.

I agree with you TS....this looks like flame bait....

Tallest Skil:


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post #26 of 104
Quote:
Originally Posted by stike vomit View Post

(Edit: Apple ]['s post subsequently deleted).  

 

I stand by whatever I wrote, deleted or not. 1smoking.gif

post #27 of 104
Quote:
Originally Posted by charlituna View Post

 

That it is Brazil has nothing to do with the replies. They could have said New York and folks would still be saying WTF over this stupidity.

They'd be saying WTF for sure, but would anyone be suggesting (in jest or not) that Apple completely pull out of New York?

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post #28 of 104

Doesn't Apple have assembly or manufacturing plants there?  Does the government think they have Apple over a barrel?  There are plenty of other countries who would love the opportunity for a huge corporation to come in and setup shop.

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post #29 of 104
Quote:
Originally Posted by netrox View Post

WTH?!?! The new processor did NOT come out until months later AFTER the iPad 3. iPad4 was updated to have the new processor.

looks like they have no clue on how operations work in technology.

New processor and new connector. I doubt they can show the A6 was ready. I think it would have been fine with the old connector, but I agree they needed to get their flagship models on Lightning. iPad mini /w lightning next to a Retina iPad w/ 30 pin dock connector looks pretty silly.

Quote:
Originally Posted by kpluck View Post

Apple should tell them the lawsuit is ridiculous and if they don't drop it they will completely pull out of Brazil. Computers, phones, tablets, everything. That is the only logical response to something so bizarre.

You might find that your idea of logic is not widely accepted. Your suggestion is highly disproportionate reaction to a single lawsuit by an organization that doesn't necessarily represent Brazil or its people. Is losing billions of dollars in sales a logical reaction to a lawsuit that probably will fail?

Quote:
Originally Posted by JP55 View Post

I don't even consider my 3-year-old 1st gen iPad "obsolete". It works great, and I can't even install iOS6 on it.

I could have sworn my dad's 1st gen installed iOS 6 fine. There might be something wrong with your device, you can probably restore the device and try again, or bring it to Apple.
Edited by JeffDM - 2/21/13 at 11:27am
post #30 of 104
Quote:
Originally Posted by Crowley View Post

They'd be saying WTF for sure, but would anyone be suggesting (in jest or not) that Apple completely pull out of New York?

 

Yeah, non-New Yorkers probably would.

post #31 of 104
Quote:
Originally Posted by Crowley View Post

They'd be saying WTF for sure, but would anyone be suggesting (in jest or not) that Apple completely pull out of New York?

Of course not. New York is where the most important Apple store in the world is located. It's also the store that generates the most sales out of any in the whole world. There are probably more Apple sales in New York than in many entire countries. 

 

And while we're on the subject of Brazil, I also think that it was a mistake to be building any factories there, and it would also be a mistake to be building any factories in Turkey. Apple and Foxconn shouldn't be giving in to any ridiculous government demands, just because certain countries are poorly run and have ridiculous taxes and high prices on Apple products. Isn't Brazil the country that has the highest Apple prices in the entire world? Well, that's Brazil's problem, not Apple's.


Edited by Apple ][ - 2/21/13 at 10:21am
post #32 of 104
At MacRumors: Update 9:15 AM: TechLinhas reports that it has contacted IBDI about the matter, with the organization claiming that it is unaware of any such action in Brazil. The site is following up further with IBDI and the lawyer quoted in the news stories.

Also, IBDI sounds more like a watchdog organization rather than a governmental agency.
post #33 of 104

Why do people keep saying it was only 6 months between their launch? The iPad 3 came out March 16th and the iPad 4 was launched on November 2nd. By my ability to do simple addition that adds up to 7 1/2 months.

post #34 of 104
Breaking news: something better is just around the corner! Tech flies fast.
post #35 of 104
Quote:
Originally Posted by netrox View Post

looks like they have no clue on how operations work in technology.

 

This has nothing to do with technology. It is another corrupt group looking to make money with a lottery law suit. Everyone knows it's stupid and baseless, but it may still pay off.

post #36 of 104
Quote:
Originally Posted by Apple ][ View Post

Of course not. New York is where the most important Apple store in the world is located. It's also the store that generates the most sales out of any in the whole world. 

Got a link for that?

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post #37 of 104

This is what happens when colonies get their "independence."  1rolleyes.gif

post #38 of 104

Just curious what exactly you can do with the 4th gen that you can't do on the 3rd?  I'm not aware of anything.

post #39 of 104
Quote:
Originally Posted by Crowley View Post

Got a link for that?

No, that's what an Apple employee told me once when I was there a while ago. 

 

But I did find this link from a couple of years ago, where it says that the Fifth Avenue store grosses $35,000 per square foot. I was in that store a few weeks ago to pick something up, and there are always plenty of tourists and foreigners always picking up Apple devices on their visit to the US.

 

 

Fifth Avenue Apple store said to gross $35,000 per square foot. Can it be true?

post #40 of 104
Quote:
Originally Posted by rob53 View Post

I wonder if they'll also sue Samsung, HTC, and all the other phone manufacturers who come out with a new model every month.

 

No.  They don't have enough cash.  Apple in hoarding its cash makes it a HUGE target for lawsuits of all kind.  The more they hold the bigger the target on their back. They need to payout 80B to shareholders and lower the target surface area

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