Brazilian Justice Convicts Apple for misleading advertising

[Princess Luna]

It seems there still isn't english sources only brazilian news websites have been addressing the fact the local justice of the Brazilian state of São Paulo has found Apple guilty for misleading advertising:

 

Quote

Como o sistema operacional e os aplicativos pré-instalados consomem, pelo menos, 3 Gigabytes da memória dos aparelhos, a Justiçou julgou que a empresa promovia “oferta enganosa” ao anunciar que os consumidores dispunham de forma integral do espaço interno dos aparelhos.

TRANSLATION:

Since the operating system and the pre-installed applications will use at least around 3GB from the iPhone internal storage, the Justice has decided that the company [Apple] has been doing misleading advertising when it announces to the costumers that they'd have the entire advertised free internal storage.

To simplify, a lot of Brazilians are really dumb when comes down to tech so when Apple says that their iPhone has 16GB of storage space but in the end the actual free space for the user to use after taking OS and Apps out is ~ 12GB, a lot of people started getting into Justice claiming they were mislead since they only have 12GB to use and not the full 16GB "claimed" by Apple.

 

It was enough for the Justice to take this action and now Apple is supposed to only market their phones informing the FINAL FREE Storage space and not the total storage space.

 

Spoiler

Em caso de descumprimento, a Apple terá de pagar multa diária de R$ 100 mil.

TRANSLATION:

In case of noncompliance of the marketing and advertising methods, Apple will be fined daily in R$ 100.000,00 (Brazilian Reais) which is roughly US$ 30.000,00 (US Dollars). 

Brazilian Source:

http://g1.globo.com/tecnologia/noticia/justica-de-sp-ve-oferta-enganosa-e-manda-apple-informar-memoria-utilizavel-de-iphones.ghtml

[tom_w141]

... Aren't they all "guilty" of this? The phone technically does have X GB some is just taken by the OS. Android is the same... The phone does have the storage. Its just being used. Is the next case going to be against memory manufacturers when people realise their SSD/HDD isn't technically 1TB? Such a petty case lmao...

 

EDIT: Was totally hoping Brazilian Justice was a super ethical gang or strong advocates for hairless genitals

[BingoFishy]

2 minutes ago, tom_w141 said:

... Aren't they all "guilty" of this? The phone technically does have X GB some is just taken by the OS. Android is the same...

 

3 minutes ago, Princess Cadence said:

To simplify, a lot of Brazilians are really dumb when comes down to tech

 

[captain_to_fire]

Does it mean they can sue Samsung or any other SSD manufacturer for selling a 512 GB NVMe SSD but when formated, less than 512 GB appears. 

6 minutes ago, Princess Cadence said:

To simplify, a lot of Brazilians are really dumb when comes down to tech so when Apple says that their iPhone has 16GB of storage space but in the end the actual free space for the user to use after taking OS and Apps out is ~ 12GB, a lot of people started getting into Justice claiming they were mislead since they only have 12GB to use and not the full 16GB "claimed" by Apple.

They should probably sue a lot of Android OEMs who puts a lot of undercooked features that takes up so much storage space. I just want to face palm. 

[tom_w141]

3 minutes ago, BingoFishy said:

 

 

Why not educate morons instead of molly coddling them? It's unfair to make Apple advertise as 12GB because of the OS yet Samsung can still say 16GB. The same dumb people will think "oh the Samsung has more i'll buy that one" Derp derp oh I not got 16GB. *a few days later* Samsung sued for false advertising!

[tom_w141]

1 minute ago, hey_yo_ said:

Does it mean they can sue Samsung or any other SSD manufacturer for selling a 512 GB NVMe SSD but when formated, less than 512 GB appears. 

They should probably sue a lot of Android OEMs who puts a lot of undercooked features that takes up so much storage space. I just want to face palm. 

Oh hey its me from my previous post, but with the words in a slightly different order  

[You_are_a_cunt]

$30k? Lmao.

That's like, feather duster fund for a week compared to Apple's overall liquid assets.

Should'a been $30M

[Arika]

well that's dumb. but funny. Brazil is strange,sorry @Princess Cadence

[tom_w141]

17 minutes ago, revsilverspine said:

Should'a been $30M

Fixed

[mr moose]

I don't expect people to understand the OS will use up storage, if there is no explanation that some of that storage is used by OS or whatever then that does not make them dumb, just not savvy tech enthusiasts.  Yes android manufacturers do the same, they should be charged the same measly fine and told to do things different too.

[matrix07012]

Apple did nothing wrong.

31 minutes ago, Princess Cadence said:

a lot of Brazilians are really dumb

 

[Guest]

FINALLY!!! I have an iphone with 8gb, and 5.9 of it is the damn OS. I can have like a few pictures, or like 1 app. Then when I watch youtube, I get told I have no storage, and the video lags because there isn't enough ram to watch youtube videos on safari.

[ItsMitch]

It's a mixed bags here, my provider, Google, when I purchased it from the store, had a small print under the phone explaining the exact storage amount. Hmm strange indeed!

[PeachyUwUSenpai]

32 minutes ago, hey_yo_ said:

Does it mean they can sue Samsung or any other SSD manufacturer for selling a 512 GB NVMe SSD but when formated, less than 512 GB appears. 

They should probably sue a lot of Android OEMs who puts a lot of undercooked features that takes up so much storage space. I just want to face palm. 

its not when formated its the os and manufacturers count differently 

[MyName13]

What's the point of specifying storage if it doesn't account OS and bloatware?This should be forbidden everywhere because it really is false advertising (how am I supposed to know how heavy iOS is?).

[PeachyUwUSenpai]

i think this is a good thing you have to remember the majority of people don't know about storage or the os and why should they care the only thing they care about is how many selfies they can fit there's no reason to add the space the os uses because it will always use that. plus it may discourage pre installed bloatware you cant remove withought rooting if this extends to other companies. the downside though is they may just make everything a update so when you buy it its the right size then it fills it up with a mandatory update.

[laminutederire]

Apple should've put external storage like sd cards. People wouldn't whine that much about the lack of storage on those if they could at least enhance a bit of that somehow.

[Valentyn]

Well this is odd, does it mean they're going to go after other phone manufacturers as well?

OS's after formatting a drive report it differently, and the OS obviously takes up space as well.

[Sakkura]

44 minutes ago, hey_yo_ said:

Does it mean they can sue Samsung or any other SSD manufacturer for selling a 512 GB NVMe SSD but when formated, less than 512 GB appears.

No, because a 512GB SSD will offer 512GB when formatted.

 

If anyone was going to get sued it would be Microsoft, because Windows reports the storage capacity in GiB but calls it GB.

[mr moose]

7 minutes ago, laminutederire said:

Apple should've put external storage like sd cards. People wouldn't whine that much about the lack of storage on those if they could at least enhance a bit of that somehow.

I wish they would to,  Although I have only ever run out of storage once, I have witnessed a few phones die an unexpected death and having the ability to simply remove the sd cards and retrieve all the holiday/graduation/birthday/etc snaps is a blessing.

[PeachyUwUSenpai]

3 minutes ago, Valentyn said:

Well this is odd, does it mean they're going to go after other phone manufacturers as well?

OS's after formatting a drive report it differently, and the OS obviously takes up space as well.

thats a myth

its not when formated its the os and manufacturers count differently 

[Valentyn]

Just now, Alaradia said:

thats a myth

its not when formated its the os and manufacturers count differently 

What, that it's reported differently by the OS after formatted and initialised?

 

 

[Princess Luna]

On Apple's appealing they did inform that it is impossible to precise the "free space only" for their advertises since it varies from OS versions, Bloatware versions and so on, so it is impossible to fulfill the court's decision since some might feature 12,4gb free others 13,1gb free, 11,9gb free and so on thus why the advertising is standardize with the total invariable amount of total 16gb for example.

 

But the Justice did not take its appeal and it is still forcing Apple to find a better way to advertise it's devices storage capacities.

44 minutes ago, hey_yo_ said:

They should probably sue a lot of Android OEMs who puts a lot of undercooked features that takes up so much storage space.

Android/Google and its partner manufactures like Asus, Samsung, LG and so on are not responding in Justice for the practice even though they do the exact same thing, due to insufficient amount of complains, this decision only happened after a considerable high number of Apple costumers complained with National Costumers Protection Service and Small Claims Court.

 

 

[PeachyUwUSenpai]

Just now, Valentyn said:

What, that it's reported differently by the OS after formatted and initialised?

 

 

computers never show a drive its full labeled size 

[Valentyn]

Just now, Alaradia said:

computers never show a drive its full labeled size 

Exactly, it's reported differently, which is what I said. Can't see and use it without formatting and initialising it either.