Brazil lawsuit claims iPad 3 made intentionally obsolete

By , Feb 22, 2013

APTOPIX Apple iPad

Did Apple withhold features from the third-generation iPad, then make the tablet obsolete just six months afterwards by unveiling the iPad 4 – with the missing items? That’s the accusation being made against Apple in a class-action lawsuit filed Thursday in Brazil. At the heart of the lawsuit brought by the Brazilian Institute of Politics and Law Software (IBDI) is the charge Apple released the “new iPad” in May 2012, then in October introduced the iPad 4 alongside the iPad mini. By updating the processor and other features Apple has produced planned obsolescence…

The lawsuit, first reported by Brazil’s Jornal do Comércio (thanks, Mark R.), alleges Apple conducted unfair business practices, as well as “planned obsolescence” by introducing the iPad 4 features so soon after the third-gen iPad. Among the features introduced in the iPad 4: a peppier A6X processor, speedier Wi-Fi, broader 4G LTE support, Apple’s new Lightning connectors and an HD FaceTime camera.

“Consumers thought they were buying high-end equipment, not knowing it was already an obsolete version,” the reports quote IBDI attorney Segio Palomares. At the time of the iPad 4′s release, there was much talk of its incremental nature, enough that some Apple Stores allowed iPad 3 customers to exchange their devices for the update, according to AppleInsider.

While talk of planned obsolescence is what’s grabbing headlines, the charge likely making Apple more nervous is allegations of unfair business practices. If the Brazilian court finds Apple guilty, the company could be on the hook for replacing all iPad 3s purchased by Brazilian consumers.

This makes the second product which has drawn Apple into Brazil’s legal system. The smartphone maker is already appealing a decision by a court in Brazil, stripping the iPhone name from Apple.

Although Apple bought the iPhone name from Cisco in 2007, a Brazilian firm now is claiming the “iPhone” label for its Android-based handset sold in the country. According to reports, the firm IGB in 2008 received the trademark in Brazil for its G-Gradiente iPhone, which has been selling in Brazil since 2000.

Although it’s unclear how Apple’s appeal will be answered, the company may extricate itself via a hefty licensing payment to use the iPhone trademark in the South American nation.

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  • CollegiateLad

    How dare them introduce a new iPad 6 months later.

  • chris125

    So it took brazil this look to catch onto apple’s strategy???

  • http://twitter.com/NerFTed Jason Duong

    So does this mean I can sue Apple if they release the iPhone 5S on grounds of them trying to make the iPhone 5 obsolete…?

    • http://twitter.com/oneBurge Burge

      Depends when you buy it.. Any time from 30 days before release Apple will change if for the newer device…if you buy a iPhone 5 any way your a idiot.. Is it worth buying the top device that , lets face it is a iPhone 4S with a bigger screen and a faster chip..

  • Dan

    Upgrades usually occured every year. Now with updates seeming to be every 6 months, I wouldn’t be surprised if this was intentional. Apple figured people can’t help themselves from buying upgrades, so why not shorten the timespan?

    • CollegiateLad

      This!

    • http://twitter.com/NerFTed Jason Duong

      +1

    • http://www.facebook.com/people/Alexander-Novarro/1499444086 Alexander Novarro

      Are you crazy??? stop eating shit… it happend one time… you can’t say “now with updates seeming to be every 6 months!!! How is that so? You can see the future??? don’t you know it was one time thing only, because of the new dock port?!

      • Kurt

        use a few more question marks and exclamation marks. it makes your point more idiotic and yourself look like a fool. I enjoy these things. keep up, thank you.

      • Dan

        Simmer down douche, I said it SEEMS. I did not say I see into the future.

      • Brad

        You are ugly.

      • Dan

        Quite mature, let me stoop down to your level if you may. You sir, are the load your mom should have swallowed.

      • http://twitter.com/dlcknox Dylan Lane C. Knox

        she did though… o.O

    • http://www.idownloadblog.com Sebastien

      No one is forcing people to upgrade here and you can’t hold Apple responsible for selling products…

      An iPad would be intentionally obsolete if it stopped working properly after a certain period of time. I own every iPad that was made and each of them (including the original one) still work perfectly. This is not intentional obsolescence. This is a company selling products.

      • Dan

        Never said it was, just said I wouldn’t be surprised

      • http://twitter.com/steelahlive Steelahlive

        I would not agree with that 100 percent, other than the wording may be inaccurate. There does appear to be some discontinuity in the approach of the 6 months. How doe’s apple go from having this remarkable device come out on the market, then 6 months later a newer upgraded version *Significant Upgrade* that completely makes 50-75% of the other device defunct? It’s not like there was some missing element of magic that Apple discovered and immediately went to work to get it in to said device, they have the R&D working round the clock and knew that the device was on the way. As strict and controlling as they are they also had to know that it was completely or 20 percent away from completion lets say and ready for market within’ 6 months of iPad 3′s release. The Mini – same R&D – but screen size retina an issue coudn’t get it that small yet maybe, same with camera and battery sizes…Hence – it may take a little longer till we see ipad mini 2 with retina although, I do believe iPhone 5s or iPad Mini will def. be in the next announcements along with the 128gb storage capacities in probably all ranges of devices. I really don’t think they necessarily thought it would be looked at – they figured everyone would say look shiny and move on – but I can see a case here that if in the US, if ever one came about.

        PS – I’m not a lawyer!

        **Edit**
        As for an item to be considered obsolete = not functioning that is not the correct use of the word – obsolete means it serves no function as it’s function has been replaced by the now newer said device. Intentional or otherwise.

        **AND if said device still functions – what if apple said you know what, since all devices are retina now that we released an iPad Mini 2 your all ipad mini updates from now on will only work with newer device and your old one doesn’t have the “proper” or safe hardware architecture as our new device to run so iOS updates are now forever limiting you on what your device can do or not – provable due to 3gs 4 and 4s devices doing things after jailbroken they said it Couldn’t Do!

    • http://www.facebook.com/tafk1 Taf Khan

      Technology evolves over time, nothing is perfect straightaway and new enhancement become available. Perhaps Apple could have released the iPad 3 with the same spec as iPad 4, but how much longer would you have had to wait? Would you use this argument if it was a PC or a laptop that received a specification upgrade?

  • AforAppleAforAndoid

    So are they going to bring lawsuits against all other tech companies as well, who bring out new products on even shorter schedules? Seems pretty damn ridiculous to me.

    Funny, my iPad 3 still works fine. Apparently ones bought in Brazil stopped working as soon as iPad4 came out.

    • Hyr3m

      The difference is that other companies don’t make the devices at top of their lines with purposefully obsolete components.

      • AforAppleAforAndoid

        lol are you an idiot?

        iPad 4 crushes anything out there with it’s A6X chip, you call that obsolete? if so then fandroids also dreams of getting a “obsolete” component like A6X in their (failed) android tabs.

        go troll elsewhere.

      • seyss

        he said ipad3 is

      • Kurt

        They are talking about the iPad 3. and you call him an idiot? haha you apple fandorks

      • http://twitter.com/dlcknox Dylan Lane C. Knox

        really? id like to see it compete with quad core tablet’s running tegra 3 on a more light weight OS called Jellybean…

      • http://twitter.com/oneBurge Burge

        No of cause not..this is not a dig at any android phone but all of them.. Name a 4 year old device that runs the latest OS ..
        Now what 4 year old device is still getting updates from Apple ..3GS .must be the obsolete parts in it that keep it working ..
        If Apple decided not to release a device in a country at the same time as in other country’s it might be because of they can not make enough for a world wide launch. Or it just could be Apple thinking surply and demand ..I.e. where are they going to sell the most in a short space of time..

      • Hyr3m

        If your new OS can run on 4 years old devices what does that tell you about the level of evolution of that OS and its improvements in terms of functionality for example?

        Release dates/countries/supply&demand are irrelevant; We’re talking about the planned obsolescence of Apple’s devices… How they made the iPad3 weaker than they needed it to be just so they could justify an iPad4 6 months later and cash in on hipster stupidity.

        If you don’t know what “planned obsolescence” is, try reading about the evolution of light bulbs so you can make educated comments.

      • http://twitter.com/oneBurge Burge

        Are your just as quick to reply to me as apple to release a product in Brazil..

      • Hyr3m

        Very good argument! I didn’t think of it that way…
        It’s completely true that me having a life during the week-end makes iOS the best thing on earth after aspartame.

        Oh sorry, no… they’re both widely spread and commonly consumed poisons.

      • http://twitter.com/dlcknox Dylan Lane C. Knox

        i have a droid x2 thats almost 3 years old running Jellybean faster then my friends, Razr Maxx…… with stronger Graphic capablities then its compitition of the time, the iPhone 4.

  • Guest

    Funny, my iPad 3 still works fine. Apparently ones bought in Brazil stopped working as soon as iPad4 came out.

    • AforAppleAforAndoid

      why did you copy my comment?

      • http://twitter.com/NerFTed Jason Duong

        Why are you copying yourself? :)

  • http://www.facebook.com/lucius1707 Caio Carvalho

    Brazilian here, just to clarify about the “G-Gradiente Iphone”. Gradiente , the company registered the iPhone name in the year of 2000, but never used it. After it, the iPhone was launched and stuff, and them , after the Success of the iPhone Gradiente decided to make its own iPhone. Problem was, there is no G-Gradiente Iphone, they just announced it and this phone simply does not exist in any store here in Brazil, so apple is now trying a last resort on that implying that they announced the phone but it still doesn’t exists.

    • http://appbuntu.com/ Ivan

      Thanks :)

    • Kurt

      no one cares. people care about laws, if they own the name they get to sue.

  • http://twitter.com/mrmberman Marc

    I bought my iPad 3 just 2 days before the iPad 4 was announced. Not having bought my iPad via Apple I couldn’t exchange it, I didn’t sue Apple I just gave myself a slap. Moral of the story is dont buy a product already 6 months old.

  • Scott Mullins

    6 month cycle was to fight androids constant new equipment to compete, Apple already forces obsolesence by crippiling older equipment with ios upgrades. They do this most on phones, You get 3 cycles till they kill your old phone with a update that makes it so slow you have to upgrade. This is what they should be sued for not the 6 months but the intentional slowing of older devices with updates.

    • CollegiateLad

      That’s just plain stupid.

      • http://www.facebook.com/justin.thurmond Justin Thurmond

        I have an iPad 4 and iPhone 3GS – after all is said and done, my ipad is only maybe 4-5 seconds faster in all respects. I do want to upgrade my 3GS but since I have about 300 more recharge cycles and a lot of read/writes left on my phone, I’m gonna ride out the storm. When the time comes to upgrade Ill most likely get a 4s or 5 and simply finance it. 3GS still plays my n64 emulator games with ease. I’ve also oc’ed it, vm mod and dynamic paging. Vm mod has been on and off for at least 5-6mos too, but I rarely install or delete apps and I don’t press free mem too much

      • CollegiateLad

        Thanks for sharing this!!!

      • Kurt

        ios doesn’t get more robust. you need features to have a more robust os.

    • Kurt

      ipad 1 has same innards as iphone 4, and yes iphone 4 and iphone 3gs both can upgrade to ios 6. hows that for planned obsolescence.

      • http://twitter.com/jrgibson1 John

        Hey Kurt, have you noticed a pattern with your comments mate?

        All of them have more vote downs then vote ups (at the time of writing this), perhaps you should take up a new hobby.

      • CollegiateLad

        Kurt doesn’t notice much.

      • CollegiateLad

        Right. It seems logical to me that a 3.5″ phone with the same innards as the 9.7″ screened iPad would have an easier time running iOS… You still how to power the screen, dummy.

        Jesus.

      • Kurt

        iPhone 3GS is more powerful then then the iPad 1. Wow your retarded. Or you will bend over backwards to protect apple.

      • CollegiateLad

        Nice deflection… You’re still dumb. Same innards, larger screen. It’s not rocket science( for the rest of us).

      • Kurt

        again, you are one idiotic apple fan. 3gs does not have same innards as the ipad 1. maybe it is “rocket science”

      • CollegiateLad

        Your opinion doesn’t matter… Third worlder.

        Ask permission before speaking to me.

      • Kurt

        Opinion? 1)its a fact, not an opinion
        Third Worlder? 2) USA is not a third world country
        Third Worlder? 3) It’s lesser developed nation

        more you speak, more of an idiot you look. what’s your IQ?

  • Hyr3m

    Planned obsolescence? No shit?
    Unfair business practices? No shit?
    I’m starting to really like these Brazilians!
    I guess “the empire” doesn’t have enough agents in Brazil… It makes me wonder how much the air/water/food gets poisoned (on purpose) over there… Prolly less than in the US and Europe…

    • http://www.facebook.com/people/Alexander-Novarro/1499444086 Alexander Novarro

      I”m a Brazilian… and if you look at what Brazilian think about this… you will see that this is bullshit… doesn’t make sense… it more a political strategy of a guy trying to show that he does something at all… what we really want is law that shows exactly why of the price of all the Apple products that are so over priced here in Brazil

      • Hyr3m

        “Class-action” means it’s not just one person…
        Also, I was referring to the iPad3 issue more than the iPhone thing… which I agree is pretty funky.

    • Kurt

      the brazilians on this site are all a bunch of apple fags. just read their comments. so pathetic. apple doesn’t care about you, why? its a company, its a thing, not a person.

      • CollegiateLad

        Haha… Says the jersey shore wannabe who sports bangs and a Mohawk…

      • Kurt

        checking my photo out? you like younger man huh. get new glasses as i dont have bangs nor a mohawk. i’m married, i dont want your aids. stay away

      • Brad

        That guy was right though. Cut your hair homo.

  • http://www.facebook.com/carlos.e.moura.9 Carlos Eduardo Fontes Moura

    Here in Brazil, Apple products have a difference in time of release, ex. when the iPad 3 was released in Brazil in the United States there were already selling the iPad 4, thereby launching the iPad 3 was no longer in the product line from Apple, because Apple had already replaced the line for the iPad 3 iPad line 4, so the iPad 3 a product off line and sold in our country as a product launch.

    • http://www.facebook.com/joe.jonsen Joe Jonsen

      thats with most 3rd world countries everything moves lower and the standard of living is lower…

      • Kurt

        shh, ppl from 3rd world countries prefer to be their countries to be called lesser developed nations.

      • http://www.eraser.org B. Braun

        LOL US is not 1st world anymore, it’s second. If you like to see fist World go Japan or Germany… that’s what a Lady from the US told me…. and i saw it this Year in Atlanta and NO

      • Guest

        I lived in Germany. The problem with Germany is the Germans. Get rid of them and you have an ok country.

      • http://www.eraser.org B. Braun

        And then? Put Americans in there so they ran that Country rotten?

      • http://www.facebook.com/mykelxmonroe Mykel Monroe

        Don’t feed the racist troll. I wish could vote to have some people banned from this site. It ruins the experience.

      • Guest

        they dont teach you how to read at kmart do they? i was correcting him on the correct way to say lesser developed nation. 1) learn to read, 2) thats not racism. after you learn to read, go look up what racism is in the dictionary. if you can’t find it, just ask. ill copy and paste it in this little box so you can read it. ok gay boy? nice mascara. “you’re so individualistic”

      • http://www.facebook.com/mykelxmonroe Mykel Monroe

        1: Don’t stalk people. 2: Learn to write at a higher than 3rd grade level.

        And I’m glad you like it dickless! Thanks for taking the time to look deep into my eyes. And you call me gay? You gay.

      • http://twitter.com/dlcknox Dylan Lane C. Knox

        dam so your going to stoop to his level after trying to make yourself look high and mighty? lol please keep going

      • http://www.facebook.com/mykelxmonroe Mykel Monroe

        Oh and btw. After taking your advice and re-reading your comment. Correction: the politically correct name is a developing nation. Good try though.

      • Guest

        put obama as your president and bye bye germany “Deutschland, Deutschland über alles, überalles in der Welt!”
        They taught me that song as soon as I got off the plane.

      • http://www.eraser.org B. Braun

        You blame Obama for the mistakes of the white trash Bush stupid

      • chris125

        Except Obama increased the debt in 4 years more than bush did in 8. Just saying having a socialist as president is a lose lose.

      • http://twitter.com/dlcknox Dylan Lane C. Knox

        really? did your dumb ass know that we aren’t in a declining economy anymore thanks to Obama,and that your beloved conservatives used it to make themselves richer, not caring who it blows back on (the American people)? no. Did you know that your party lied to you and made you look fucking stupid just to go to war? no. You fell for the lie.

      • chris125

        My party? Uum no you dumbass. They both suck and Obama lies just as much as bush. But have fun believing all his lies and handing over your second amendment rights..

      • http://twitter.com/dlcknox Dylan Lane C. Knox

        i didn’t say i believed anyone, and anyone one who believes anything from our government should check themselves real quick. Look at the cold hard facts however, and the numbers, sont just sit their and pretend you know what your talking about. nAnd what rights have changed so far? what amendaments have actually been touched? None dumbass. Do you really think they are going to take away the right for us to bare arms? you gotta pistol or a rifle, cool. what normal american citizen needs a closet full of fully autos? none. when was the last time our country was invaded dip shit? never.

      • http://twitter.com/dlcknox Dylan Lane C. Knox

        your wrong. Bush didn’t do shit if you actually knew what your talking about. he wasn’t very smart, he was easily manipulated and his cabinet fed him lies that he too believed. Our fucking war was started by greedy lying people in our corrupt government, not by Bush. Bush believed he was doing the right thing, even if he wasn’t If your going to talk about something, maybe get all your information correct.

      • http://twitter.com/dlcknox Dylan Lane C. Knox

        I’m liberal and agree many are wrongly accusing Obama, fucking ignorant conservatives, but Bush isn’t at fault entirely at all.

      • CollegiateLad

        Wow. Had I known this, I wouldn’t have wasted time responding to you. You had me going, I thought you were a real person.

      • http://twitter.com/S_Lacertosa Stefano

        That woman undoubtedly has mental disabilities.

      • http://twitter.com/dlcknox Dylan Lane C. Knox

        Really? and i needed you to tell us all that? And actually, if people want to see the world, they need to get their head out of their asses and stop being so ignorant. America isn’t the only fucking country full of ignorant people, and its ignorant that you’ll make yourself look better than those in america by saying that. This is an iphone blog, and yes we are talking about Brazil, but seeing the world and taunting one of the world’s strongest countries has nothing to do with the iphone. And got news for you, Japan can barely keep itself afloat at the moment, and Germany still owes us billions….

      • http://www.facebook.com/mykelxmonroe Mykel Monroe

        Shh, people may think you’re a douchebag.

      • Guest

        ohh good one!

      • http://www.facebook.com/mykelxmonroe Mykel Monroe

        You think you could spread you biased bullshit else where?

    • http://twitter.com/jrgibson1 John

      Okay… I kinda understand what you’re saying here so IN THEORY if Brazil had the same release date as America then this lawsuit wouldn’t have occurred?

      • http://twitter.com/S_Lacertosa Stefano

        Yes.

    • http://twitter.com/S_Lacertosa Stefano

      Either which way, by the time it takes to investigate whether or not the iPad is ‘safe and secure’ and passes Brazil’s inspections for use; it’s Brazil’s fault.

      • http://twitter.com/steelahlive Steelahlive

        I live in the US, and I remember quite well selling my iPad 2 a week before the 3′s announcement happy to get the 3. 6 Months later, a frequent apple announcement comes’ along and i’m expecting “apple TV upgrade, or Iphone5s *glad I hadn’t updated my 4 yet…” NO, a frickin iPAD 4 that now just outdated my oddly named iPad (seems marketing here knew something by not to saying iPad 3) but a 4 WHY APPLE 6 months later – and it’s better in every respect? So I had to sell my iPad 3 for a much cheaper value 400 for the 64gb wifi (NOT the nearly 700-800 i paid…but instead this time I went for the mini thinking they’re surely not going to get it replaced that quickly….so what are we now? about 6 months or so since original mini was released? I don’t know and not going to google while typing here. Needless to say when iOS 6.0/6.1 Jailbreak was released I held to my word, and iPhone 5 it is now, with iPhone 4 on backup and a mini. I’ll maybe ride out the retina upgraded mini 2 maybe not – gonna be hard to sell that device as it’s *(they all) jailbroken, and with the smaller screen it already looks amazizing. but we’ll see!

  • Ignacio Irigoyen

    So, had Apple name it New New iPad it would have been ok? I mean, lots of companies release new products that improve over the ones that came before, even in less than 6 month cycles.

    More over do they sue every time they buy something and the next the the price is slash by half?

    I think this is just some frivolous lawsuit.

  • TriguyRN

    Of course they did… Everybody knows that, its apple.

  • Lusemar Alves de Oliveira

    Muito bom ponto de vista!!!

  • http://www.facebook.com/joe.jonsen Joe Jonsen

    ipad 3 is not obsolete at all it is still fully supported and is a great device with a high resale value…llol when you own apple products you have to know exactly when to sell them and upgrade you have to have a plan if you alway want the latest at and grates ..

  • http://www.facebook.com/jpbr6 Henrique Bremenkanp

    Brazilian Apple Online Store still does not sell iPhone 5 or iPad mini and they’re good with it. Why should Apple care? Apple is selling a lot to companies that try to resell it here.

    This kind of action is their attempt to have fair contracts with Apple to make iDevices available in Brazil a little cheaper and with some Apple’s support.

    We have the world’s most expensive iDevices and no support to most of them.
    Ex. About $1300,00 for a 16Gb iPhone 5 off contract (in a contract does not changes much). As Apple Online Store did not sell it to the consumers, it’s not Apple’s responsability to fix/change them… Carriers takes all the losses for it, making the phones even more expensive to cover the warranty… Not forgeting about the 60% tax we pay to our government. So this can also be a way to create conflict and have any discounts on taxes for iDevices.
    Btw, it won’t change much to Apple itself and if it does, it will surely be for better.

  • http://twitter.com/tonkatuph Tonka Thor

    This is really stretching it. Lets just sue every company that ever came up with an upgrade. Every car manufacturer, every electronic device manufacturer who ever decided to hold off on features for what ever reason they wanted.

  • Me

    Go brazil!!

  • http://twitter.com/steelahlive Steelahlive

    I’m more concerned with the Timing of this in Brazil. In all fairness to Apple – if the release times were different for them than the rest of the world – with the iPad 3 released in Brazil at a time when the US could already purchase an iPad 4 ? That would seem that you were not fooled nor lied to at all you couldn’t purchase an iPad 3 either – so because your country and my country have differing trade regulations and what not – you could still know that said device had already released in the US, just that for now Apple is only choosing to sell you the 3. – This case gets stronger as a US lawsuit case the more I think about it than it does a Brazilian one.

  • http://www.facebook.com/carlos.e.moura.9 Carlos Eduardo Fontes Moura

    I know that for many Americans’re a fucking South American emerging countries, most know that in our country we also have money, we have common sense to know which quality products, we have our internal policy for approvals in technology we are slow in adopting yes , most do not understand how companies Samsung, Sony and others are launching products widely and simultaneously worldwide including in the emerging countries, most U.S. companies who are owned power and ignore our power consumption, and thus to lose market companies like samsung, who value our purchasing power to you guys even though Americans are in poor countries, I make it clear I love apple products would most appreciate it more, even if you guys do not want’re neighbors, I find absurd the crab does not have support the Portuguese.

  • http://twitter.com/dlcknox Dylan Lane C. Knox

    “Stripping the iPhone name from Apple” is incorrect. It just means that in Brazil, they aren’t the only ones who may use the term iPhone. and how would you know whether Apple is nervous or not? do you really think that this scares them? they piss away more money then you’ll ever see every day. this is like dropping half a penny on the ground to them. They are a multi-billion dollar company and these are petty law-suits. You guys talk so much about little things now on this site it’s ridiculous. for example this post. Oh my god another anti-Apple law suit the worlds coming to an end!!! it’s different if it’s Apple vs. Google, or Apple vs. Microsoft, or even Apple Vs. Samsung, but its not. Maybe a little bit more effort from the blog i used to love would be nice.

  • http://twitter.com/dlcknox Dylan Lane C. Knox

    Does anyone remember the formula stating that technology increase so much every year, yet multiplies with each time it becomes more advanced…?