Apple continues to sue norway phone repair shop owner

[spartaman64]

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Last year, Apple sued Henrik Huseby, the owner of an independent smartphone repair shop called PCKompaniet in the town of Ski, Norway. Apple sent Huseby a letter notifying him that a shipment of 63 iPhone 6 and 6S screens had been seized by Norwegian customs, and said that he must pay the company $3,566 and admit wrongdoing to avoid being sued. Huseby refused, Apple sued him, and the case went to court.

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At issue in the case is the definition of what makes an aftermarket part “counterfeit.” The screens that Huseby purchased were refurbished, he said, and were never advertised as official Apple parts and were thus not counterfeit. Apple logos on the screen were painted over, and wouldn’t be visible anyway to anyone who used a repaired iPhone (the logos would face the inside of the phone.) In April 2018, the court decided that because the logos were not visible, Apple's trademark hadn't been violated, and Huseby won the case.

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Apple appealed that decision, however, and the case was reheard by a higher Norwegian court on Monday and Tuesday, leading right to repair activists to wonder why the most valuable company in the world continues to go after a small business owner over a paltry sum of money.

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“If he loses, the court would be saying you cannot import refurbished screens, and also, Apple doesn't provide original screens,” she said. “So then, how is that a resolution? Obviously, independent repairers would not have the spare parts they need in order to be able to do the repairs. The consequence could be that you can't do independent repair anymore.”

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American repair professional Louis Rossmann testified in support of Huseby in via video chat, which he uploaded to his popular YouTube page Wednesday. Rossmann is facing a similar situation in the United States—a shipment of aftermarket laptop batteries was seized by Customs and Border Patrol before they reached his repair shop in New York City. In his testimony, Rossmann provided a general background about the secondary market for iPhone parts.

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At one point, Apple’s lawyer cross-examined him and presented to the court a print out of some of the titles of his YouTube videos in an attempt to paint him as biased.

“From some films you have uploaded on YouTube—the titles are more-or less ‘fuck Apple,’ ‘fuck Apple part II,’ ‘Part III,’ ‘Why Apple pisses me off,'” the lawyer said. “Is my understanding that you have some issues with Apple?”

“Yes, I have issues with how they treat the consumer and how they treat independent repair,” Rossmann replied.

This would be like if i bought a rtx 2080 and i removed the cooler and put a waterblock on and then later i sold it with the waterblock and nvidia then sues me for selling counterfeit goods. The reason why the screens have apple logos (which were painted over) is because they are actually using apple components. If apple is so concerned for consumers having bad experiences with after market components then maybe they should sell their components to repair shops.

 

source: https://www.vice.com/en_us/article/9kxzpy/apple-is-still-trying-to-sue-the-owner-of-an-independent-iphone-repair-shop-louis-rossmann-henrik-huseby

[imreloadin]

Sooo more of Apple just being Apple then?

[TempestCatto]

Even though Apple is huge, and has big time lawyers, I still don't see them winning this. On paper, and in practice, no laws are being broken. Nothing is being violated in any-way. This just goes to show you who Apple really are. No wonder they charge $1,000 for a stupid monitor stand. Yet people will shit up and down about how Apple is the best computing and mobile device company...they have selective beliefs.

[Princess Luna]

11 minutes ago, imreloadin said:

Sooo more of Apple just being Apple then?

Pretty much, having all the money on the world allows you to screw anyone's life with multiple court appeals to the end of times.

[bcredeur97]

I do like my iPhone, but I'm not afraid to admit Apple is really against repairability and it really sucks..

If this were to pass somehow and suddenly I couldn't get replacement parts, I think I would sell my phone and go get something else.. It just wouldn't be worth it anymore

[Curious Pineapple]

If this was in the car world it would be laughed out of court.

 

BMW sues a local car parts shop for fitting counterfeit headlamp bulbs with OSRAM Xenon printed on the box. Maybe then they go after salvage yards that dismantle scrap cars and sell parts on for selling counterfeit steering wheels, even though they came out of a BMW.

 

But because it's a technology company they can get away with it.

[Ashley MLP Fangirl]

shit like this makes it really hard to like Apple as a company.

[Master Disaster]

5 minutes ago, Curious Pineapple said:

If this was in the car world it would be laughed out of court.

 

BMW sues a local car parts shop for fitting counterfeit headlamp bulbs with OSRAM Xenon printed on the box. Maybe then they go after salvage yards that dismantle scrap cars and sell parts on for selling counterfeit steering wheels, even though they came out of a BMW.

 

But because it's a technology company they can get away with it.

Two things, firstly there not "getting away" with anything.

 

Second that analogy is totally incorrect. There's a difference between aftermarket, counterfeit, refurbished and used.

 

Aftermarket is a replacement that's been designed and built entirely by a third party.

 

Refurbished is an original part which was broken but has been repaired outside of the OEM.

 

Manufacturer refurbished is the same but repaired by the OEM.

 

Used is used, it's not broken and hasn't been repaired.

 

Counterfeit is very specific, it's something not genuine (doesn't matter if it's new, used or refurbished) that's being represented as a genuine product to the customer.

[imreloadin]

2 hours ago, Schnoz said:

Yo Apple, I paid several thousand dollars for a device and broke it. Why can't I send it to an independent repairer or use an iFixit kit myself instead of having to pay several thousand more for a simple repair?

Beacuse if you're going to have to spend thousands of dollars to repair it they're hoping you'll just buy the latest model instead...

[Trik'Stari]

The basic argument to beat this is that "the allegedly counterfeit parts, and Apple's original parts, come off of the same machine in the same factory in the same country. Apple is an egregiously anti-consumer, anti-competitive company that should have been subject to NUMEROUS anti-trust investigations and outcomes by now, end of story".

 

Want to get leftist politicians in on this action? Point out that Apple is the most egregiously profitable company in the world.

Want to get right wing politicians in on this action? Point out that Apple is overwhelmingly leftist in the makeup of its employees.

 

How anyone continues to buy Apple products is BEYOND comprehension. At this point the WHO should classify it as a mental disorder.

[harryk]

This is one of the issues I am torn on. Personally my own ideology strongly supports right to repair. I repair all my own things including my car and electronics. However I go out of my way and often pay extra to acquire genuine OEM parts. If I do have to go to a repair shop I do research and pay extra to go to an OEM certified shop with guarantees of all new OEM parts. Most consumers are not going to make these distinctions and instead look for the cheapest price. 

 

This interferes with Apple's model of ensuring the best user experience throughout the life of a product. Apple doesn't want you going to an independent repair shop to have your iPhone screen replaced with what may be a substandard component. Even if you understand you're cheaping out, if you later sell the iPhone to someone else they won't know and instead will now have a bad impression of iPhone screens. This scenario can have real consequences as well. Apple sells the iPhone with some guarantee of data security and privacy. If a phone is repaired with subpar components it may not be secure anymore. This is why non-Apple repaired iPhones that have the fingerprint reader replaced will disable Touch ID and accompanying security features, because Apple can no longer guarantee it.

 

Maybe this is overly cynical, but the typical consumer is not educated. They will screw up their own device and they will blame the manufacturer.

[Evanair]

9 minutes ago, harryk said:

This is one of the issues I am torn on. Personally my own ideology strongly supports right to repair. I repair all my own things including my car and electronics. However I go out of my way and often pay extra to acquire genuine OEM parts. If I do have to go to a repair shop I do research and pay extra to go to an OEM certified shop with guarantees of all new OEM parts. Most consumers are not going to make these distinctions and instead look for the cheapest price. 

 

This interferes with Apple's model of ensuring the best user experience throughout the life of a product. Apple doesn't want you going to an independent repair shop to have your iPhone screen replaced with what may be a substandard component. Even if you understand you're cheaping out, if you later sell the iPhone to someone else they won't know and instead will now have a bad impression of iPhone screens. This scenario can have real consequences as well. Apple sells the iPhone with some guarantee of data security and privacy. If a phone is repaired with subpar components it may not be secure anymore. This is why non-Apple repaired iPhones that have the fingerprint reader replaced will disable Touch ID and accompanying security features, because Apple can no longer guarantee it.

 

Maybe this is overly cynical, but the typical consumer is not educated. They will screw up their own device and they will blame the manufacturer.

The analogy is flawed...if you sell your car and put on different brake pads or tires, or replace the alternator with a different one than OEM, are you breaking the law?  Is it still a Ford car if you put a alternator you purchased from AutoZone?  If you take it to a body shop, one not licensed by Ford, is it still a Ford?

 

I will give Apple the "Apple Experience", but for the most part this is all software. If you hack the software and change it, then fine. But physically repairing the device, while voiding warranty, should be legal. 

 

Apple could avoid this, by leasing phones, laptops, and desktops to customers. Requiring them to renew or return the product after a period of time. As the customer doesn't own the physical medium at this point, it would be illegal.  Because they sell the to consumers, the consumer owns the product yet licenses the software.

 

Apples argument is, that if you do anything to their products, it's no longer an Apple product.  They could (and have) brick customers products by revoking the software license agreement for unauthorized repairs. This would be legal as well, but customers threw a fuss (home button issue or non standard screens).

 

Until Apple proves that a customer expects the exact same functionality and quality for replaced parts that are NOT done by Apple, and would STILL hold apple accountable, then they will lose the argument. 

 

I don't see a customer going to Apple with "my 3rd party repair failed, it's your fault." 

[harryk]

23 minutes ago, Evanair said:

The analogy is flawed...if you sell your car and put on different brake pads or tires, or replace the alternator with a different one than OEM, are you breaking the law?  Is it still a Ford car if you put a alternator you purchased from AutoZone?  If you take it to a body shop, one not licensed by Ford, is it still a Ford?

It is my understanding that in some countries, notably Germany, repairing or modifying your car with parts that are not certified is illegal. Modifications require an inspection before the car is legally allowed on the road again. Considering how many unsafe sh*tboxes I see on the highways here in the US I would very much support such a law.

 

23 minutes ago, Evanair said:

Until Apple proves that a customer expects the exact same functionality and quality for replaced parts that are NOT done by Apple, and would STILL hold apple accountable, then they will lose the argument. 

 

I don't see a customer going to Apple with "my 3rd party repair failed, it's your fault." 

I've heard countless stories of people going to the Apple Store with 3rd party repaired devices. Apple has to either refuse service or replace all non-OEM components yielding a service bill much higher than the consumer expected. Additionally I reference the multiple lawsuits against Apple for iPhones catching fire while charging. After investigation they were all using unsafe crappy third party or counterfeit USB chargers.

 

Again maybe overly cynical, but I don't see the average consumer differentiating between an Apple repair or a 3rd party repair after the fact.

[Evanair]

Liability should like with the 3rd party repair shop, or part manufacturer, not Apple. This goes for cars as well in this case, if your brakes fail because the shop (or yourself) but them on incorrectly or used sub-par parts, then the liability lies with the person who chose to do so or did the labor (or both), but not the OEM.

 

If a consumer chooses to repair their phone somewhere else, Apple is in full right to turn then away. If a 3rd party charger causes a fire, Apple shouldn't be responsible.  

 

Ignorance, on the part of the Consumer, is no excuse to hold Apple responsible for anything.  If a shop is falsely claiming to be a certified Apple shop, Apple is in full rights to sue the hell out of them.

[realpetertdm]

General consensus:

 

Apple you're greedy as fuck

[corsairian]

At this point the American Government probably would lose a court case against apple. which is sad.

[mr moose]

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Apple sent Huseby a letter notifying him that a shipment of 63 iPhone 6 and 6S screens had been seized by Norwegian customs, and said that he must pay the company $3,566 and admit wrongdoing to avoid being sued.

 

Demanding money or face legal action is blackmail inn my book.  Either take legal action or do nothing,  because this kind of behaviour is absolutely disgraceful.

 

 

[Sakkura]

11 hours ago, harryk said:

It is my understanding that in some countries, notably Germany, repairing or modifying your car with parts that are not certified is illegal. Modifications require an inspection before the car is legally allowed on the road again. Considering how many unsafe sh*tboxes I see on the highways here in the US I would very much support such a law.

Certification is a safety issue, it has nothing to do with this case where safety is not really a concern.

 

And certification is just to ensure the replacement part isn't dangerous, it doesn't require it to be from the same manufacturer etc.

 

So basically if your car came with Goodyear tires, replacing them with Bridgestone tires is fine as long as the Bridgestone tires are road legal, so they don't randomly blow up and cause crashes.

[williamcll]

Just order straight from ShenZhen lmao, can't get sued if you genuine apple parts.

[D13H4RD]

And the absolute tomfoolery in all this? 

 

Apple apparently doesn't have a strong service presence in Norway 

[Lauen]

3 hours ago, D13H4RD said:

And the absolute tomfoolery in all this? 

 

Apple apparently doesn't have a strong service presence in Norway 

They really don't. I used to work customer service for them, but through a customer service company operating on a contract with Apple, in a foreign country. It was 1 out of 3 locations, all in different countries and companies, and with different trainers. It WAS a norwegian-speaking support line, but they only had phone lines. no emails, no chat. training was done in english with 2 trainers that had worked on english and italian lines, and of course the cultures are very different so some of the things we were told to say were sorta weird. The office hosted multiple language teams, including french, dutch, norwegian, danish, swedish and finnish. The nordics were lumped together on the same phone system with no distinction between the languages. Any day I worked for the first 5 months, I'd just hear the phone ring and had to just check the country code to see what language I'd get. Finnish was the hardest because of the language differences and the fact that quite a lot of finns are not exactly great at english. 

 

when it was solved, we learned that there was a "skills" page, where they differentiated your language skills and skills in sales or aftersales. Prior to the language fix, we were all set to 10/10 skill in all the nordic languages (excluding the french and dutch lines of course as they were alright) and after the fix I was set to 10/10 norwegian, 5 in swedish and danish, and a 2 in finnish I think. 

 

And then eventually the entire contract I was on was sacked, with the excuse being "Apple are looking to unite the best workers under one roof". I was friends with some of the workers in the other companies and they didn't even know my team got sacked, and had not heard anything about the unification of workers and locations. AFAIK it still hasn't happened they way we were informed. 

 

All in all, not great. coworkers were fantastic people though. 

[realsmart987]

They're already the most profitable company in the world.  They don't need more money.

[wasab]

Bottom line, Apple is the new mega evil. Microsoft has reddem itself somewhat for partnering up and supporting their former competitors. They are contirbuting to the Linux kernel and licensing many of their propietary patents so other can use them without any legal trouble, not to mention GitHub private repo is now free.(which is awesome) I think Microsoft has a role behind it, idk. 

 

Apple remains the biggest evil in how they shut down competitions and engaged anti consumer pratices by abusing their patens and market share to drive/sue small competiting bussiness out of extinction. 

[wasab]

14 minutes ago, realsmart987 said:

They're already the most profitable company in the world.  They don't need more money.

What you talking about? Tell that to Apples shareholders. Hey, you guys do not need any more money so why not invest in our stocks and get nothing in return. 

 

 

[CookieSmasherGus]

8 hours ago, wasab said:

What you talking about? Tell that to Apples shareholders. Hey, you guys do not need any more money so why not invest in our stocks and get nothing in return. 

 

 

Yeah, if Apple keeps pulling stunts like this it's no wonder people will start losing respect for their brand. The thousand dollar monitor stand really made a point on how disconnected they are from reality.