French Activists Target Apple in Criminal Lawsuit Over Planned Obsolescence

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Apple may have some issues in France.

First, some background. 

You may have already heard the news buzz about Apple's confession to slowing down iPhone performance as the battery ages, prompting many consumers to buy a new iPhone.

When this iOS feature was outed December 20th, many consumers felt cheated. They interpreted this as an underhanded move to drive sales of new phones (planned obsolescence) since it wasn't disclosed at the time of purchase. Apple responded with an apology, and explanation and a special offer.

They apologized for keeping the slowdown a secret, explained that the purpose was to extend performance of the phone when the battery life had dwindled, the phone was low battery or the device was subject to low temperatures. Apple also has decided to offer a special $29 price on new iPhone batteries for 2018, saving iPhone customers $50 off the normal $79 price to extend the standard high-performance of their iPhones via battery swap.

The problem? With worldwide sales, this nondisclosure of the planned performance slowdown didn't sit well with everyone, especially a group of activists in France specifically organized around preventing planned obsolescence  (Halte à l’Obsolescence Programmée, translation: Stop Planned Obsolescence). They filed a lawsuit targeting Apple executives that, if prosecutors decide is legitimate, will be heard in a criminal court. 

The suit centers around a French law that went into affect in 2015 that classifies “deliberately reduce the lifespan of a product to increase the rate of replacement" as a crime with a possible maximum penalty of a 2-year prison sentence, fine of up to 300,000 euros and five percent of Apple's annual income.

If you're wondering whether or not the suit may go through, consider that Halte à l’Obsolescence Programmée already has a pending lawsuit against Epson printers (a Japanese company) for limiting the lifespan of their products that is currently working it's way through their court system.

Lawsuits have also been filed against Apple in the U.S. 

What I find interesting about this French environmental group's lawsuit is that it should put a lot of global companies on edge around the planned obsolescence that is a real part of many technology product profit plans. This kind of business model is the primary area where profit conflicts directly with both consumer interest (longevity of use/value) and public health and environmental interests (toxic contamination and excess waste), not to mention human rights issues wrapped into manufacturing processes. 

While Apple touts itself as one of the greenest companies on many fronts, a claim supported by Greenpeace ,up until this recent call-out, they've certainly not promoted the lifespan advantage of a battery replacement over buying a new iPhone, no doubt for obvious profit reasons.

Companies with such an interest in design for consumer satisfaction might do better to focus on modular designs where device components can be easily upgraded. Instead, there is the intentional design of devices with intent to discourage ease of consumer component upgrades (ala proprietary screws). So, it appears the demand for this will likely have to come from the consumer side of the equation. 

A recent documentary called Death By Design covers the topics of fixing and upgrading devices over buying new and how our current consumption model negatively impacts society. To view a portion of the film, you can check out Al Jazeera's coverage of it as part of a recent special news series.

As more companies enter the smartphone market with modular design as their selling point, this could happen. (Companies like fairphone.com), which begs the question: will their quality and reputation ever be any real competition for a company like Apple?

What are your thoughts on the Apple iPhone slowdown? On planned obsolescence?
Are you an iPhone user who will be going the battery upgrade route versus buying a new iPhone? 

Share in the comments.