Kevin Bostic
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 Comérciao [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.
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106 Comments
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.
Ridiculous. Good luck with that. The 4th gen iPad hardly makes the 3rd gen obsolete in any event.
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'
Oh dear. I suspect Brazil is now added to the two minutes hate list of some AI forum members...
I wonder if they'll also sue Samsung, HTC, and all the other phone manufacturers who come out with a new model every month.