Apple agrees to settle class action in US over throttling- $500M.

[Alan Browne]

https://www.nytimes.com/2020/03/02/technology/apple-iphone-lawsuit-settlement.html

Quote: <<"Eligible devices include any iPhone 6, 6s Plus, 7, 7 Plus and
SE that ran iOS 10.2.1 or later, or any iPhone 7 or 7 Plus that ran iOS
11.2 or later. Eligible customers had to live in the United States, and
their devices had to run the given software before Dec. 21, 2017.">>

$25 per qualified phone.

(ie: most of those phones ran 10.2.1 at some point).

I expect there will be a similar outcome in Canada.

(Will be a good class action year for me. Automobile wiring harness
class action should net me $75 .. $100, iPhone 6 $25. Haven't seen any
CA money since Amex, MC, and Visa paid me $40 - $100 ea. back in 2010
ish for exchange rate shenanigans....).

[Arlen Holder]

Summary of relevant threads since my post of 12/20/2017 breaking this news:
o Years later, Apple finally comes clean on their intentional crimes!
<https://i.postimg.cc/BQZ9hZg1/crime00.jpg>

This is the thread that broke the news of Apple's secret, drastic, and
permanent CPU throttling due to inherently poor power-management design...
o *Report says Apple 'Powerd' code secretly slows your iOS device down to trick you into buying a new device*
<https://groups.google.com/d/msg/misc.phone.mobile.iphone/GdEtzzrc9F0/z57KTsmWAQAJ>

This thread today is an important update, thanks to JF Mezei:
o *Apple agrees to settle class action in US over throttling $500M*
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/BR4edQQisYg>

=== === === Quoted verbatim from that thread: === === ===

https://www.nytimes.com/2020/03/02/technology/apple-iphone-lawsuit-settlement.html

Quote: <<"Eligible devices include any iPhone 6, 6s Plus, 7, 7 Plus and
SE that ran iOS 10.2.1 or later, or any iPhone 7 or 7 Plus that ran iOS
11.2 or later. Eligible customers had to live in the United States, and
their devices had to run the given software before Dec. 21, 2017.">>

$25 per qualified phone.

=== === === Quoted verbatim from that thread: === === ===

See also this thread where Apple publicly admitted to the crime of
intentionally secretly lowering the life of essentially the same set of
iPhones: <https://i.postimg.cc/BQZ9hZg1/crime00.jpg>
o *Apple agrees to pay 25 million euros fine as Apple admits "Apple committed the crime of deceptive commercial practice by omission"*
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/l6gAjvW6aqQ>

See also this thread, where JF Mezei seems to be updating as news comes in:
o *Quebec class action goes ahead (battery gate)*
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/jmDdZewelrk>

Bear in mind, Apple essentially lied to Congress (as in "I didn't inhale")
when they said in their coverup that iPhone throttling wasn't "as"
necessary on the later phones, where, the facts prove Apple added
throttling in _every_ subsequent iOS release since!
o *Every iPhone CPU from the iPhone 6 to iPhone 7 were throttled, then iPhone 8 to iPhone X were throttled & now the iPhone XS, iPhone XS Max & iPhone XR get throttling software*
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/Mzh1IvniDr8>

In addition, Apple clearly lied in their subsequent coverup, with respect
to the fact they secretly modified the release notes well _after_ the fact.
o *Evidence Apple cleverly manipulated iOS release notes on "power management" after the fact*
<https://groups.google.com/d/msg/misc.phone.mobile.iphone/KXhivHMvrlY/OuV1lgS8AgAJ>

Given the speeds were secretly cut in _half_ by Apple...
o Apple throttled your iPhone by cutting its speed almost in HALF!
<>

And given that Apple's design causes premature replacement of millions of
batteries yearly...
o *FACTS: Apple replaced 11 million batteries last year (normal replacement is ~1.5 million batteries per year)*
<https://groups.google.com/d/msg/misc.phone.mobile.iphone/8Vica_VqdT4/TzFfpZqVBwAJ>

How is prematurely replacing millions of batteries yearly a good thing for
the environment?
o *All new iPhones might be forced to have a removable battery (Android too)*
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/4Ja4FP5eL5s>

How is intentionally shortening iPhone life good for the environment?
--
Notice the Apple apologists _hate_ what Apple does so much that they'll
endlessly deny even well verified facts that Apple publicly admitted!

[sms]

On 3/2/2020 3:28 PM, Alan Browne wrote:
>
> https://www.nytimes.com/2020/03/02/technology/apple-iphone-lawsuit-settlement.html
>
>
> Quote: <<"Eligible devices include any iPhone 6, 6s Plus, 7, 7 Plus and
> SE that ran iOS 10.2.1 or later, or any iPhone 7 or 7 Plus that ran iOS
> 11.2 or later. Eligible customers had to live in the United States, and
> their devices had to run the given software before Dec. 21, 2017.">>
>
> $25 per qualified phone.

<snip>

Not sure how I'll spend my $25 windfall. It's about 1/2 of a dinner at a
moderate priced restaurant.

[Arlen Holder]

On Tue, 3 Mar 2020 13:14:40 -0800, sms wrote:

> Not sure how I'll spend my $25 windfall. It's about 1/2 of a dinner at a
> moderate priced restaurant.

Hi Steve,

Think strategically; not tactically.
o Think about this not as a few bucks but as a de facto admission by Apple.

All this Apple Marketing crap about "increasing iPhone life" by secretly
permanently throttling CPUs to half speed is and was always bullshit.

*This case is strategic proof Apple purposefully screwed its customers*.
o THAT is the strategic takeaway from this, not the paltry amount of money.

[Your Name]

It depends on how many phones / claims there are. It could be less or
more than the reported $25.

Of course, as usual this only applies to American purchases ... what
about the people in all the other countries? Same phone, same issue, so
they should get the same payout.

[Arlen Holder]

On Wed, 4 Mar 2020 16:45:07 +1300, Your Name wrote:

> Of course, as usual this only applies to American purchases ... what
> about the people in all the other countries? Same phone, same issue, so
> they should get the same payout.

Given throttling news was first broken to this ng way back in 2017
o Report says Apple 'Powerd' code secretly slows your iOS device

down to trick you into buying a new device

<https://groups.google.com/d/msg/misc.phone.mobile.iphone/GdEtzzrc9F0/z57KTsmWAQAJ>

Apple in 2020 agreed to intentionally _secretly_ shortening iPhone lifespan:
o Apple agrees to pay 25 million euros fine as Apple admits

"Apple committed the crime of deceptive commercial practice by omission"

<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/l6gAjvW6aqQ>

With Apple finally admitting their guilt of a purposefully crafted criminal
offense in France, you'd think their admission they intentionally secretly
shortened the life of iPhones would grease the skids on the other lawsuits.

FACT:
o Under French law it is a _crime_ to intentionally shorten lifespan
of a product with the aim of making customers replace it.
<https://i.postimg.cc/rszF8z5S/crime05.jpg>
FACT:
o DGCRF, which is part of the French government, levied a _criminal_ fine:
<https://i.postimg.cc/d11sJLYJ/crime02.jpg>
FACT:
o *Apple did not contest that _criminal_ fine the government levied*:
<https://i.postimg.cc/HnL1QKxH/crime03.jpg>
FACT:
o *Apple accepted wrongdoing & said they will pay the _criminal_ fine*
<https://i.postimg.cc/jjkFp5dV/crime04.jpg>

Given that recent seminal development that Apple admitted to that crime...
o You'd think that fact would further along the pending related lawsuits.

JF Mezei has reported on the current status of the Canadian lawsuit:
o Quebec class action goes ahead (battery gate)
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/jmDdZewelrk>

And Alan Browne reported on the final status of the American lawsuit:
o Apple agrees to settle class action in US over throttling- $500M.
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/BR4edQQisYg>

Where the facts are clearly shown in this post, if people believe facts:
<https://groups.google.com/d/msg/comp.mobile.android/0zzVpdtAa_k/sYYAq6p0AQAJ>

Given those facts...
o Do you know of related lawsuits in other relevant developed countries?
--
Apologists believe what Apple says so much they hate what Apple does.

[Arlen Holder]

SUMMARY:

For the _adults_ on this newsgroup...the facts remain...
o It's a criminal case against Apple by the government of France,
o where Apple agreed to pay the assessed criminal fine,
o which Apple will pay to the prosecutor's office (in Paris apparently).

With respect to this _secret_ throttling software, here are a dozen facts
which, I'm sure, Apple's lawyers couldn't weasel out of in front of the
French government prosecutor's office lawyers:

1. Apple clearly tried to hide their CPU throttling by _secretly_
installing and activating it in the iOS 10.x downloads...

2. Well after the fact, Apple quietly updated the iOS 10.x release notes,
but even then, made absolutely no mention that anyone (but apologists)
could possibly claim came clean...

3. When caught because phones only about a year old had their CPU speeds
more than halved, Apple took days to craft a highly marketed response...

4. Which nobody but apologists believed...

5. Where Apple blamed the batteries for them feeling the intense need
to _secretly_ halve CPU speeds after about a year and then the intense
need to _quietly_ update the release notes well after the fact.

6. For which Apple was summarily called to testify in front of Congress...

7. And for which multiple lawsuits and criminal cases rightly ensued...

8. Where Apple's lawyers essentially continued the subterfuge, this time to
Congress (where we've shown numerous articles proving the media fell
for the lie) about the need for throttling on their newer iPhones...

9. Apple then added this throttling software to more iPhones in iOS 11...

10. Apple then added this throttling software to more iPhones in iOS 12...

11. Apple then added this throttling software to more iPhones in iOS 13...

12. Where iPhone owners are confronted with the unenviable software choice:
o *Please choose _unacceptable_ performance*!
o *Please choose _unacceptable_ stability*!
(*YOU _MUST_ PICK ONE*!)

Those are a dozen facts likely why Apple agreed to the criminal fine.
o Those are the only two software choices available to iPhone owners.
--
People who believe only in marketing prove to not own adult cognitive
skills.

[Arlen Holder]

UPDATE:
o /Apple's Plan to Pay $500 Million to Settle Lawsuit/
/Over Secretly Throttling Older iPhones/
/Gets Preliminary Approval today/
<https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/jN-h4WvWTEA>

*FACTS*
o I broke the news to this newsgroup about throttling, not the apologists.

*FACTS*
This is the 1st thread that broke the news of the _secret_ CPU throttling:
o *Report says Apple 'Powerd' code secretly slows your iOS device down to trick you into buying a new device*
<https://groups.google.com/d/msg/misc.phone.mobile.iphone/GdEtzzrc9F0/z57KTsmWAQAJ>

*FACTS*
o Every subsequent major release from Apple contains _more_ throttling!

*ASSESSMENT*
o $500M is cheap for Apple to now throttle any phone it ever wants to!

Yippee! This is great for Apple!
--
What's not surprising is how brilliant Apple MARKETING is; what's
surprising is how gullible the typical Apple consumer appears to be.

[Arlen Holder]

UPDATE:
o Yet another set of lawsuits won against Apple's lawyers,
admittedly the best on the planet - and yet - they still lose $113M USD
(because Apple secretly purposefully shortened the life of iPhones)
<https://groups.google.com/g/misc.phone.mobile.iphone/c/esbnfB6OSmc>

See also:

o Apple to pay $113 million to settle state investigation into throttling
<https://www.washingtonpost.com/technology/2020/11/18/apple-fine-battery/>

o Apple agrees to pay $500M for purposefully secretly slowing down iPhones
<https://www.washingtonpost.com/business/economy/apple-agrees-to-pay-iphone-owners-in-settlement-over-slowing-down-older-models/2020/03/02/c026789c-5c9d-11ea-9055-5fa12981bbbf_story.html>

o Apple admitted to the crime of purposefully secretly shortening iPhone
life
<https://www.economie.gouv.fr/files/files/directions_services/dgccrf/presse/communique/2020/CP-Ralentissement-fonctionnement-iPhone200207.pdf>

--
Apologists hate facts!

> UPDATE:
>
> o *Loss of privacy: Google+ users entitled to small cash amount based on settlement*
> <https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/LdDMSwt0NVE>
>
> *Google users only get $12 but Apple iPhone owners get _double_ that!*
> o How to submit your claim in Apple's half a billion dollar secret throtting settlement
> <https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/wm-8YUKl5M0>
>
> *Some countries are asking for more than double that even!*
> o Five countries want Apple to pay consumers more money to settle secret throttling of iPhone CPUs to purposefully shorten device life
> <https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/YKId-GJCdec>
>
> *Android owners won't get much as Google doesn't pull those Apple tricks:*
> o Do any Android phone manufacturers throttle (CPUs, PD Charging, Modems) like Apple consistently does?
> <https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/ZTmmGoAndyM>
>
> In France, the prosecutors office also received $27M USD in criminal files
> from Apple forcing Apple to publicly admit the committed the crime of
> secretly and intentionally knowingly shortening the life of iPhones:

> o Apple agrees to pay 25 million euros fine as Apple admits
> "Apple committed the crime of deceptive commercial practice by omission"
> <https://groups.google.com/forum/#!topic/misc.phone.mobile.iphone/l6gAjvW6aqQ>
>

> REFERENCES:
> o BBC: *Apple fined for slowing down old iPhones*
> <https://www.bbc.com/news/technology-51413724>
>
> o *France Fines Apple $27 Million for Slowing Down Old iPhones*
> <https://www.breitbart.com/tech/2020/02/11/france-fines-apple-41-million-for-slowing-down-old-iphones/>
>
> o *Apple Fined 25 Million Euros in France for Slowing Down Older iPhones With iOS Update*
> <https://www.macrumors.com/2020/02/07/apple-fined-25m-euros-france-slowing-down-iphones/>
>
> o *Apple fined $41 million for secretly slowing old iPhones*
> <https://www.smh.com.au/technology/apple-fined-41-million-for-secretly-slowing-old-iphones-20200210-p53z9n.html>
>
> And, given Apologists brazenly deny what Apple openly admits,
> here are screenshots from those sites backing up the facts:
> o <https://i.postimg.cc/BQZ9hZg1/crime00.jpg>
> o <https://i.postimg.cc/d11sJLYJ/crime02.jpg>
> o <https://i.postimg.cc/HnL1QKxH/crime03.jpg>
> o <https://i.postimg.cc/jjkFp5dV/crime04.jpg>
> o <https://i.postimg.cc/rszF8z5S/crime05.jpg>
>
> What the apologists do is play silly semantic games trying to claim that a
> criminal offense and a criminal fine to the criminal system is "not" a
> crime, simply by creative use of their personal translation of French law.
>
> Why do apologist deny what even Apple publicly admitted?
> o And why do apologists always blame Google/Microsoft for what Apple does?
>
> I don't know why, but I suspect they brazenly deny facts simply because...
> o Apologists hate that Apple isn't what MARKETING highly sold them it was.

[Arlen Holder]

The facts show you'd be hard pressed to find any mobile device more poorly
designed than the bulk of today's iPhones...

Simply because most iPhones _require_ throttling just to prevent them from
prematurely being unstable.

You get the unenviable choice:
a. *CHOOSE UNACCEPTABLE PERFORMANCE*, or,
b. *CHOOSE UNACCEPTABLE STABILITY*

You must choose one.

Verbatim, because apologists hate facts, so they deny any and all facts
they simply _hate_ about Apple products (which is a hell of a lot of facts)

"Apple 'fully understood' that by concealing the issues, it could spend a
year profiting off of people who thought they needed to buy a new iPhone,
when they only really needed to replace their phone's battery
to avoid [premature] throttling or unexpected [premature] shutdowns."

o Apple will pay $113 million for throttling iPhones
<https://www.theverge.com/2020/11/18/21573710/apple-battery-gate-throttle-iphones-settlement-amount>
--
It's hard to find a mobile device more poorly designed than the iPhone is.