clear
Friday July 20th, 2018 5:36PM

France investigating Apple's secret slowdown of old iPhones

By The Associated Press
Related Articles
  Contact Editor

PARIS (AP) — French authorities have opened an investigation into Apple over revelations it secretly slowed down older versions of its iPhones, the Paris prosecutor's office said Tuesday.

The preliminary probe was opened last week over alleged "deception and planned obsolescence" of some Apple products, the office said. It is led by the French body in charge of fraud control, which is part of the finance ministry.

It follows a legal complaint filed in December by a French consumer rights group whose aim is to stop the intentional obsolescence of goods by companies.

In France it is illegal to intentionally shorten the lifespan of a product in order to encourage customers replace it. A 2015 law makes that a crime, with penalties of up to two years in prison and fines of up to 5 percent of the company's annual turnover.

Apple apologized in December for secretly slowing down older iPhones, a move it said was necessary to avoid unexpected shutdowns related to battery fatigue. As part of its contrition, Apple is now offering to replace the batteries on older iPhones for $29, a $50 discount from the usual price.

But Apple also has denied the slowdown of the older phones is a ploy designed to spur sales of newer models. "We have never — and would never — do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades," the company said on its website.

Apple France didn't respond to email and phone requests for comment on the latest legal developments in France from The Associated Press.

Lawsuits against the company have also been filed in the U.S. and Israel.

Creative Strategies analyst Carolina Milanesi believes Apple's throttling of older iPhones is helping to extend the devices' lives by enabling to take advantage of the new features in the company's free software updates each year.

The company's choice boiled down to "let the phone just run at full speed and kill the prematurely aged batteries or slow down the phone so the battery would last longer," Milanesi wrote in a recent analysis.

The French consumer rights group, called HOP, filed a lawsuit on Dec. 27. Its statement claims Apple slowed down older smartphones in order to make clients buy the new iPhone 8, which was launched on the market around the same time.

Benchmark tests have suggested the slowdown isn't huge, but noticeable. Although Apple has said that's done to prevent iPhones from unexpectedly shutting down because of weak batteries, lawsuits filed against Apple say that its failure to disclose that right away could have led some people to wrongly conclude they needed a newer, faster phone rather than just a new battery.

Laetitia Vasseur, the director of HOP, said studies have showed that peaks in speed reductions match the releases of new phones on the market.

"We can see that there is an intention to have people buy new phones because of the speed reduction," she told the AP.

Vasseur said her group launched a survey following its complaint so that users can report problems they have faced. In 10 days, HOP has received more than 3,000 reports that will be handed over to the DGCCRF, the government fraud watchdog in charge of the investigation, she said.

Vasseur said she hopes that the consequences globally could be to go toward more sustainable and durable products "for all manufacturers that won't want to face the same kind of scandal."

A similar investigation targeting Japanese printer-maker Epson was opened in November, also following a complaint by HOP.

The Epson probe, was launched by another prosecutor's office, in Nanterre outside Paris, is related to some of its ink cartridges and printers' spare parts. It was the first legal action ever for planned obsolescence and deception in France, HOP said in a statement.

Epson has denied any wrongdoing, saying that planned obsolescence is not part of the company's policy.

In the French legal system, preliminary investigations are launched and led by prosecutors' offices. Such probes can last weeks or months. When they're over, prosecutors can either decide to drop the cases or to send them to investigating judges for full investigations. Judges, in turn, can also dismiss the cases, due to lack of evidence for instance, or send them to courts for trial. In these cases, the whole process may last months or even years.

Since Epson and Apple cases are the first legal actions for planned obsolescence in France, there hasn't been case law yet on possible penalties, fines or damages awarded by courts under this particular offense.

Any fine imposed on Apple would probably hurt its pride more than its pocketbook. The company has accumulated nearly $270 billion in cash from its sales of iPhones and other products.

___

Alex Turnbull in Paris and AP Technology Writer Michael Liedtke in San Francisco contributed to the report

  • Associated Categories: Associated Press (AP), AP National News, AP Online National News, AP World News, AP Business, AP Business - Consumer News, AP Technology News
© Copyright 2018 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
France investigating Apple's secret slowdown of old iPhones
French authorities have opened an investigation into Apple over revelations it secretly slowed down older versions of its iPhones, the Paris prosecutor's office said Tuesday
4:13PM ( 3 minutes ago )
6 killed as mud sweeps away homes in California burn areas
At least six people are dead and homes have been swept from their foundations by mud- and rockslides triggered heavy rain in Southern California
4:10PM ( 5 minutes ago )
Trump faces presidential fitness test amid raised concerns
Trump is getting his first medical checkup since taking office, a head-to-toe exam as questions swirl about his health and fitness
4:07PM ( 9 minutes ago )
Associated Press (AP)
After Olympic deal, North Korea figure skaters may lead team
Figure skaters the smiling face of North Korea after Olympic agreement reached for Pyeongchang
3:50PM ( 25 minutes ago )
Exiled Iranian royal sees chance to end the Islamic Republic
Reza Pahlavi scrolls through clips of chanting Iranians, explaining why the protests that are unsettling his homeland are different this time
3:41PM ( 35 minutes ago )
Royal fiancee Meghan Markle shuts down social media accounts
Kensington Palace confirms Meghan Markle closes her social media accounts
3:33PM ( 42 minutes ago )
AP National News
South Africa's Zuma to set up inquiry into graft claims
South Africa's leader to set up inquiry into corruption claims as pressure to resign grows
2:49PM ( 1 hour ago )
Plane believed to be thousands of feet below Gulf surface
A small plane piloted by an Oklahoma doctor who disappeared while flying to collect a disabled dog in Texas is believed to have settled thousands of feet below the Gulf of Mexico, the U.S. Coast Guard said a day after announcing it had ended its search.
2:42PM ( 1 hour ago )
US says 'viral attack' among the theories in Cuba illnesses
The United States is investigating a range of possibilities beyond "sonic attacks" for what caused U.S. diplomats' unexplained illnesses in Cuba, the Trump administration told Congress on Tuesday, including the possibility of a viral attack
2:39PM ( 1 hour ago )
AP Online National News
The Latest: Ford to study interaction with self-driving cars
Ford is partnering with Postmates, an on-demand delivery company, to study how merchants and customers might interact with self-driving delivery vehicles.
3:45PM ( 31 minutes ago )
Greek govt presents new creditor-demanded reform package
Greece's government has presented a new batch of creditor-demanded reforms for Parliament's ratification, including measures that would make it harder for labor unions to call strikes
3:40PM ( 36 minutes ago )
Bills GM says Incognito comments may have been misunderstood
Bills general manager Brandon Beane says there may have been a misunderstanding of what was said on the field that led to Jacksonville Jaguars defensive end Yannick Ngakoue accusing Buffalo guard Richie Incognito of using "weak racist slurs."
3:34PM ( 42 minutes ago )
AP Business
AP Business - Consumer News
6 killed as mud sweeps away homes in California burn areas
At least six people are dead and homes have been swept from their foundations by mud- and rockslides triggered heavy rain in Southern California
4:10PM ( 5 minutes ago )
Trump faces presidential fitness test amid raised concerns
Trump is getting his first medical checkup since taking office, a head-to-toe exam as questions swirl about his health and fitness
4:07PM ( 9 minutes ago )
Christie: State much better off now than when he took office
Outgoing New Jersey Gov. Chris Christie says he's leaving the state in much better shape than when he took office eight years ago
4:00PM ( 16 minutes ago )
President Winfrey? No way, says Trump: "I'll beat Oprah"
President Donald Trump isn't fazed by the political buzz surrounding Oprah Winfrey, saying, "I'll beat Oprah."
3:58PM ( 17 minutes ago )
Trump suggests 2-phase immigration deal for 'Dreamers'
President Donald Trump is suggesting that an immigration deal could be tackled in two phases _ first by taking care of the so-called Dreamers and border security, then by making comprehensive reforms to the immigration system
3:54PM ( 21 minutes ago )