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

Posted:
in iPad edited January 2014
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.
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Comments

  • Reply 1 of 106
    jragostajragosta Posts: 10,473member
    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.
  • Reply 2 of 106
    mac_128mac_128 Posts: 3,399member
    Ridiculous.

    Good luck with that.

    The 4th gen iPad hardly makes the 3rd gen obsolete in any event.
  • Reply 3 of 106
    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'
  • Reply 4 of 106
    Oh dear. I suspect Brazil is now added to the two minutes hate list of some AI forum members...
  • Reply 5 of 106
    rob53rob53 Posts: 2,007member
    I wonder if they'll also sue Samsung, HTC, and all the other phone manufacturers who come out with a new model every month.
  • Reply 6 of 106
    jfc1138jfc1138 Posts: 3,090member


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

  • Reply 7 of 106


    Waaatttt???? Hahaha!

  • Reply 8 of 106
    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.
  • Reply 9 of 106


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

  • Reply 10 of 106
    sflocalsflocal Posts: 4,489member
    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.
  • Reply 11 of 106


    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.

  • Reply 12 of 106
    There is an easy solution for this. Apple keeps their 6-month cycle on other parts of the world except Brazil. Ta-da!
  • Reply 13 of 106


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

  • Reply 14 of 106


    Brazil is the new China

  • Reply 15 of 106



    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.

  • Reply 16 of 106
    apple ][apple ][ Posts: 8,423member


    What a retarded lawsuit!


     


    I have an iPad 3, and I was certainly surprised by Apple releasing the iPad 4 so soon afterwards, since that short of a refresh is unlike Apple, but so what? My iPad 3 is still great. People whine about Apple not updating stuff quickly enough, and now we have some Brazilian retards who are suing because Apple actually did a refresh too quickly!


     


    Apple should announce that they have found a solution to the Brazilian problem and that solution would be that only one new iPad model would be released per decade in Brazil. That should make everybody happy. Screw the retards!

  • Reply 17 of 106

    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.

  • Reply 18 of 106


    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 

  • Reply 19 of 106

    Quote:

    Originally Posted by Apple ][ View Post


    What a retarded lawsuit!


     


    I have an iPad 3, and I was certainly surprised by Apple releasing the iPad 4 so soon afterwards, since that short of a refresh is unlike Apple, but so what? My iPad 3 is still great. People whine about Apple not updating stuff quickly enough, and now we have some Brazilian retards who are suing because Apple actually did a refresh too quickly!


     


    Apple should announce that they have found a solution to the Brazilian problem and that solution would be that only one new iPad model would be released per decade in Brazil. That should make everybody happy. Screw the retards!



     


    And... we have a winner! Thank you.

  • Reply 20 of 106
    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.
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