The brazilian courts to take Apple's the side of the iPhone slowing down prosecutis, buck internatial csensus

Apple is under fire a global scale for the implementati of an iPhone power management feature that has strangled the performance devices with degraded batteries, but the courts in Brazil appear to be taking the tech giant of the coast the questi.

Apple's first retail store opened in Brazil back in 2014. Image Credit: MacMagazine.
Apple’s first retail store opened in Brazil back in 2014. Image Credit: MacMagazine.

In February, the French government has fined Apple $ 27 milli for 2017 software update ctaining a battery management that has strangled the performance of the processor. And in March, Apple has agreed to pay $ 500 milli in the UNITED states to install iPhone slowdown of the prosecuti.

The courts in Brazil, however, seem to think that Apple has de nothing wrg, that the local media output of the Tilt reports.

2018 suit leveled by the Brazilian Institute of Informatics and Law (IBDI) has claimed compensati to the tune of 986.7 milli reals (about 212 milli dollars), but was rejected by the federal court regardless of the evidence. The judge in this case decided that the institute should be held a meeting of its members before taking acti.

A call by the Federal District, the Public Ministry (MPDFT) of same, has been defeated. In this case, the Judge Brazilian João Egm explicitly stated that it was not obvious planned obsolescence Apple’s part, adding that he believed Apple’s implementati of the performance throttling to mitigate random stops and preserve cviviality.

Egm added that he believed that Apple did enough to comply with csumer protecti laws by offering discounted battery replacements in Brazil, as it has de in other countries.

Two appeals have been filed by the IBDI in 2020, but the basis of the latest decisis of the court, it does not look like they will gain any tracti. The case could end up at the Brazil’s Supreme Federal Court, where plaintiffs will likely focus the recent decisis in an attempt to reverse the decisis of the lower courts.

The IBDI is not the ly group in Brazil to investigate Apple’s iPhone policies. In brazil, the Institute for the Protecti of the Csumer (IDEC) has reviewed the measures to be taken ccerning approximately 350 reports of csumers who have experienced slowdowns, but has decided not to take the issue to court, citing the simultaneous IBDI trial. The Department of Justice’s Natial Secretariat of the Csumer and of the public prosecutors in the Rio Paraná and open independent investigatis into Apple’s practices, but these requests were closed after Apple released its battery replacement program.

Friday, Proc-SP, a group linked to the São Paulo state government notified Apple that it is mulling acti against the company, in the light of the U.S. settlement.

“Procsp will ask Apple to notify them if he also intends to pay the same compensati to the csumers in brazil as it paid for the North American; because the product is the same, the damage and injuries are the same”, said Fernando capez, executive director of the Proc-SP.

Apple devices accounted for approximately 12.38% of Brazil’s smartphe market in January 2020. The giant Cupertino tech also manufactures some products in Foxcn facilities in the country.

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