Slowing Down of the iPhone: A Man from Geneva is Suing Apple

Slowing down of the iPhone: A man from Geneva is suing Apple
by Julien de Weck@JuldeWeck, Tribune de Genève, 5 January 2018 (translation)

Illustrative photo: Image: AP

Our comment:  More serious than programmed obsolescence, for 20 years, manufacturers have been placing their mobile phones on the market under deceptive conditions for millions of users, including children, by not taking into account the real uses in calculating the SAR, overexposing them to levels of radiation that are a risk for health, a scandal ignored by the Swiss media.  See arazi.fr **

Programmed obsolescence: The company has admitted to slowing down its older devices.  A politician has sought recourse from the Public Prosecutor of the Confederation for fraud

Shortly before Christmas, the American giant Apple admitted to be voluntarily slowing down its older smartphone models.  Accused by several developers, the California company has been obliged to recognize in a press release that it restricted the performance of some of its phones, invoking problems with the batteries.  Many view this as a manoeuvre to encourage people to buy new models.  This is the case with Thomas Putallaz, State executive and PDC candidate for the Grand Conseil.  The man from Geneva filed a complaint with the Procurer General of the Confederation on 29 December.

"I do not accept the excuses presented by Apple," says Thomas Putallaz.  "My device discharges in four hours while it is still under guarantee.  The company proposes a discount for its customers to change their battery, but I refuse to go into a shop in order to be "charmed" by the salespeople who will encourage me to buy a new iPhone.  I simply would like the Swiss law to be respected and in this affair, Apple has crossed the red line."  Contacted, the Swiss branch of Apple could not be reached.  On its Internet site, the company defends itself, however, against never having sought to shorten the life of its products.

Programmed obsolescence is not considered a criminal offence in [Switzerland], contrary to France, which in 2015 legislated a set of measures in view of the energy transition.  The man from Geneva attacks the Apple brand for fraud in the sense of Article 146 of the Criminal Code.  On his blog hosted by the Tribune de Genève, he has also published his letter addressed to the Public Prosecutor of the Confederation, inviting anyone wanting to draw inspiration from it to undertake the same procedure.  "In this type of action, I expect to have to answer the recitals of Apple, hundreds of pages of specific questions that I will challenge.  It will be tough, but I will not fail to make Apple's reply public."

The Geneva politician wants to fight for an adapted Swiss legislation.  "The European Union has undertaken a reflection on the issue of programmed obsolescence.  Unfortunately, the Federal Council has still not deemed legislation to be useful in this respect.  I hope that my action will generate a debate and result in a change in the law."  Thomas Putallaz regrets the marketing strategies of the mobile phone industry which constantly pushes consumers to acquire the latest novelties and accessories.  "This model is environmentally unsustainable, forcing plunder of raw materials.  Last year, Switzerland adopted its strategy for its energy transition, which for me does not mean injecting millions into renewable energies.  The manufacturers must also assume their social and environmental responsibilities."

Original article in French:
https://www.tdg.ch/geneve/actu-genevoise/iphone-ralentis-genevois-poursuit-apple/story/26758986

** The phone in question, the Apple iPhone 6S is also one of the phones which exceeds the legal SAR limit, and should be pulled off the market or reconditioned.