Brazilian lawsuit accuses Apple of 'planned obsolescence' with fourth-gen iPad
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.
"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.
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.
"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.
Comments
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.
Good luck with that.
The 4th gen iPad hardly makes the 3rd gen obsolete in any event.
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'
My iPad 3 works fine, oh and tech envy does NOT equate to obsolete.
Waaatttt???? Hahaha!
How is the iPad 3 obsolete? Christ the Redeemer, there's still millions of people using the 1stGen iPad.
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.
Breaking: idiots sue because technology changes.
Unfortunately, this will probably go to court.
Originally Posted by stike vomit
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.
I didn't know that C|Net and ZDNet forums were that popular in Brazil.
Brazil is the new China
Quote:
Originally Posted by Tallest Skil
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.
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!
Quote:
Originally Posted by stike vomit
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.
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
Quote:
Originally Posted by Apple ][
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.
looks like they have no clue on how operations work in technology.