Apple Hit with “Planned Obsolescence” Lawsuit in Brazil Over Early Launch of iPad 4

iPadApple has been hit by a class action lawsuit in Brazil for releasing the 4th generation iPad, which the plaintiffs claim has made the 3rd generation iPad obsolete.

The group behind the lawsuit, led by Institute of Politics and Law Software (IBDI), claims that releasing the iPad 4 just seven months after the iPad 3 launch rather than following the usual annual product release cycle, amounts to “planned obsolescence” that harms customers who purchased the iPad 3.

The institute claims that the iPad 4 is not effective technological evolution [as compared to] the iPad 3 or ‘New iPad’, characterizing what sort of “planned obsolescence”. In practice, the accusation is that the Apple iPad 3 could have reached the shelves with the characteristics presented in the fourth generation – a processor, a connector and a camera a bit more advanced.

The group further alleges that the iPad 4 launch wasn’t effectively communicated to buyers, who ended up buying the older iPad 3 in the period between the announcement and the actual launch.

The lawsuit demands free replacements for iPad 3 buyers, a reimbursement of 50 percent of the original price of the device and a fine amounting to 30 percent of the total value of iPad 3 units sold in the country.

While there had been some outrage following Apple’s decision to update the iPad line within just seven months, it is the first time we’ve heard Apple getting sued for it. Apple did exchange iPad 3 bought within the 30-day window before the announcement for newer iPads in the US, but doesn’t seem to have done something similar in Brazil.

News of the lawsuit follows Apple’s unsuccessful attempts to gain an exclusive trademark over the “iPhone” brand in Brazil. Presently, the “official” iPhone that sells in Brazil is actually an Android phone by a local manufacturer.

Do you think a newer iPad makes older ones obsolete? In my opinion, a truly obsolete device would be one that’s not only outdated but has stopped getting software updates as well.

Via: MacRumors, ohoje

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  • Steve Kennard

    iPhone 3 still gets updates, but im sure its outdated and obsolete!!!

    • moe22

      it’s still an amazing competitor to so many budget brands like Samsung still.

  • Jimothy

    Technically, the moment new hardware comes out, the older hardware is “Obsolete”, however, I don’t think that apple deserves to be sued over it. They may release any product they want at any time.

    • Christian Mercado

      But the the problem is and the difference is that they could have released the iPad 4 instead of the ipad3 they are doing this on purpose releasing products in a spoon fead manner so at this pace within a year in a half their will already be 2 iPads a head of you that’s not fair to consumers who want the best product possible and although the lawsuit may not be on the right grounds their is something definitely illegal about this and if its not then they need to make a new law, but if they didint have the technology at the time of release then their is nothing wrong with it but if it was planned then their is something definitely wrong with it that’s shady, money hungry and bad business especially if they don’t even give people a heads up they keep quite about it instead of giving consumers the chance to just hold off which traps them into this predicament

      • Jimothy

        No, I mean I understand, it actually upset me because I got my mom an iPad 3 two months before the iPad 4 came out (shout out to you Mom! :D)
        I was just saying, when has apple ever really been fair? They aren’t even fair to the devs. :(
        I do agree with you, I just have to question it a lot more.

  • David Arntzen

    poor apple

  • Kao

    The product does what it was created to do and continues to function fully as purchased. The latest and greatest isn’t for everyone. Just because a new version is released, it doesn’t mean the old one stops doing what it was designed to do. This is a stupid lawsuit. It should be considered frivolous and thrown out.

    • moe22

      you get my vote on the frivolous decision.

  • moe22

    device can only be obsolete when it is no longer being serviced by updates etc. and the hardware cannot be technologically obsolete until at least 3 or 4 years. even then it would still be an amazing competitor to other iPads and tablets.

  • razielpr

    finally a country that’s not brain washed sees that apple is squeezing the consumer pockets by releasing the same junk over and over when they can make just one with all the features. an example is iphone 5 why didn’t they incorporate nfc and now make a 5s just for that it’s rediculous.

    • Michael

      Right, because Apple should time travel into the future and bring back CPU’s that haven’t been finished or invented yet or yet to become cost effective.

  • coward

    I agree that Apple has done wrong to Brazil. I think more countries should be against Apple; against iDevices. They are placing their citizens at risk and the correct harm reduction plan would be to declare Apple a monopoly and force them to split up.

  • Michael

    Has the whole world become whiny little brats that don’t understand the concept that new technology becomes old technology long before it evens hits the store shelves? By this logic I can sue any company for updating their product.

  • Chris

    They are absolutely taking advantage of customers but there’s nothing illegal about the behavior. That being said they will pay for it in the long term when they upset enough of their customer base.

  • cabbit

    Sue Samsung! They release new phones all the time! Sure the tv makers! They released a 42″ then a 46″ then even larger ones like 70 and 85″ tv’s! All in a calander year!

    Please, suck it up, it works as advertised. The ipad 4 is slightly faster and has a different connector, who cares?!?

  • M. Hoskins

    I know where they are coming from. Decided I wanted an iPad, waited a year to get the improved model iPad 3, and then 6 months later, after I bought one, they come out with one twice as powerful for the same price. I was extremely p.o.ed. The six months of use was not worth the $200 it cost me to upgrade… (I wanted to upgrade while the iPad three had some resale value, and because the extra processing power would add years to it’s useful life.)
    The whole fiasco left me with the strong impression that Apple wanted to squeeze as much money out of the market as possible instead of caring about their customers. Apple also seems to have a habit of dropping support for their hardware after 2 or three years, whereas a Windows etc. machine can still be useful six or seven years later.