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In First Ruling of Its Kind, Apple and Samsung Fined For Deliberately Slowing Down Old Phones (theguardian.com)

An investigation by Italy's competition authority has found that software updates "significantly reduced performance" on Samsung's Android handsets and iPhones. From a report: Apple and Samsung are being fined Euro 10m ($11.4m) and Euro 5m ($5.7) respectively in Italy for the "planned obsolescence" of their smartphones. An investigation launched in January by the nation's competition authority found that certain smartphone software updates had a negative effect on the performance of the devices. Believed to be the first ruling of its kind against smartphone manufacturers, the investigation followed accusations operating system updates for older phones slowed them down, thereby encouraging the purchase of new phones.

In a statement the antitrust watchdog said "Apple and Samsung implemented dishonest commercial practices" and that operating system updates "caused serious malfunctions and significantly reduced performance, thus accelerating phones' substitution." It added the two firms had not provided clients adequate information about the impact of the new software "or any means of restoring the original functionality of the products."

6 of 187 comments (clear)

  1. Nice bribes by Quakeulf · · Score: 4, Interesting

    Those pitiful sums won't stop them from doing it for as long as they are not physically restrained from scamming naive customers.

  2. Re:Not sure about this by lgw · · Score: 5, Insightful

    So now they have a couple of choices:
    A. Release software updates that can slow older phones down
    B. Release software updates only for newer phones

    Back in the day, the norm for software was:
    * All old versions ever sold are in some way maintained
    * Current verson and one version back get features and quality-of-life fixes
    * Older version only get security or crash fixes.

    That was just was what "professionalism" in software meant. You don't force people to upgrade, though hopefully they'll want the new version.

    These days each new version has a worse UI than before, people are forced to change, and old versions are flatly abandoned. This is not a better way.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  3. What should they have done? by SirMasterboy · · Score: 4, Insightful

    I mean, slowing them down is better than them abruptly shutting off well before 0% due to a weak battery, no?

    What should they have done?

    I guess if they made it a popup message like:

    "Your Phone recently shut off prematurely due to a worn out battery, click here to activate a mode that will limit the maximum power draw of your phone to prevent premature shut off. Note that your performance will be somewhat degraded in this mode, you can change this mode at any time in the settings app."

    Something similar to that.

    But ultimately the reason they chose to do this was to limit the maximum power draw so that the phone wouldn't shut off before the battery was drained. This was only happening on phones with worn out batteries and replacing the battery brought the performance back to full. Slowdown was simply a necessary side effect of capping the maximum power draw.

  4. Re:Italian Legal System by AmiMoJo · · Score: 5, Informative

    The very first sentence of your own link:

    "The man accused of sending a group of scientists to the central Italian city of Lâ(TM)Aquila in 2009 to falsely reassure citizens that no major earthquake was about to strike"

    The issue was that they told people there was little risk, which resulted in them not taking precautions. They were not prosecuted "for an earthquake", as you suggest.

    Their legal system has enough issues for you not to have to strawman it.

    As for Knox, in most European countries it is possible for two people to convicted of the same murder. Even if only one of them physically murdered the victim the law considers being closely involved, as it is alleged that she was, is also murder. That's how the law works here, maybe in the US it would be "accessory to murder" or something, I'm not an expert.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  5. Batteries by nightfire-unique · · Score: 4, Insightful

    Batteries. Batteries, batteries, batteries. Batteries.

    STOP GLUING WEAR ITEMS INTO OUR DEVICES. IT IS NOT OKAY.

    Seriously. It is NOT OKAY that a phone that should last 5-10 years malfunctions in 18 months.

    --
    A government is a body of people notably ungoverned - AC
  6. Re: Did they put in spin loop on sleep()? by CoolDiscoRex · · Score: 4, Insightful
    Actually, there is no 'decline' button, only 'upgrade now' and 'upgrade later', and since there is no meaningful way to convey to Apple that you do not agree and do not want the update, whiel also being pestered ad-nauseum on the hardware that you own, it throws contract law out altogether, and the subsequent 'agreement' you have to 'agree' to doesn't hold much water.

    For a contract to be valid, you must have the option to both agree and decline. Without these two options, it's not a contract or agreement. Not a binding one, at least.

    It always seemed like an oversight, but I guess Apple lawyers ae that confident that none of you will ever sue,

    If you own a company, though, and you want to bind people to an agreement ... always include a decline button next to the agree button.

    You may not pester as many people into agreeing, but at least you can legitimately claim that the people who did agree, agreed, instead of simply gave in to make the daily harrassment stop.