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Print 11 comment(s) - last by Apone.. on Jun 11 at 12:13 PM

Judge hasn't approved the proposed settlement

To normal people, $2.25 million is a huge amount of money. For company as massive and profitable as Apple, $2.25 million might as well be $2.25. Apple fell afoul of the Australian Competition and Consumer Commission over marketing claims that allegedly led consumers to believe new iPads they were purchasing were 4G compatible with local Telstra networks. However, the iPad would not connect to Australian 4G networks.
 
Colin Golvan, representative of the ACCC, called the fine "substantial" and said that it would send the message that this kind of behavior will not be tolerated. Apple is also contributing $300,000 towards the legal fees racked up by ACCC during the court case.
 
Apple is also offering refunds to any Australian that purchased the iPad expecting it connect to the Telstra 4G network before the legal case launched in March.

The Australian reports that Apple has now agreed that it engaged in conduct that was likely to mislead the public into believing that iPad could connect to the Telstra 4G LTE network. However, a representative for Apple indicated that the company still believed its iPad could in fact connect to 4G networks in Australia. Apparently, in Australia, just like the US, 4G can mean different things including LTE, WiMax, and HSPA+.
 
Apple's representative Alan Archibald QC said, "Your Honour doesn't know it, but there is a vast area that is controversial here."
 
Archibald also said that the judge should not assume common ground on the definition of 3G and 4G. Telstra's 4G network in Australia runs on the 1800 MHz frequency. Apple designed iPad to operate on 700 MHz and 2100 MHz 4G frequencies making the tablet incompatible with the Telstra network. 

Source: The Australian



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By StevoLincolnite on 6/8/2012 12:22:44 PM , Rating: 5
quote:
Apple is also offering refunds to any Australian that purchased the iPad expecting it connect to the Telstra 4G network before the legal case launched in March.


Don't make Apple out to be a nice guy for doing this.

It's Australian law that if a product is faulty, doesn't perform to expected standards or is falsely advertised... YOU are entitled to a refund in a timely manner.

Apple used false advertising in this case.




RE: .
By Jeffk464 on 6/8/2012 11:48:42 PM , Rating: 2
Wow, that's like giving me a 50 cent speeding ticket.


RE: .
By Reclaimer77 on 6/9/12, Rating: -1
RE: .
By maugrimtr on 6/11/2012 8:32:11 AM , Rating: 1
Ah yes, Australia chose it. Australia being the private enterprise known as Telstra. I had no idea they took over governance there.


Punishment meets the 'crime'
By Commodus on 6/8/2012 1:05:38 PM , Rating: 2
You call it scant, but it's really a fitting amount -- the likelihood that Australians would be fuming and stomping around saying "but I thought 4G meant LTE and I can't get it!" was extremely small. They get 42Mbps HSPA+ like we do here -- it's virtually LTE speeds already.




RE: Punishment meets the 'crime'
By leexgx on 6/8/2012 5:22:46 PM , Rating: 2
but even dc-hspa+ 42mb is still 3g as it uses same system as hspa+ , I only seen some tablets with 42mb support anyway no phones

where as most G4 LTE phones support 100mb from the start later ones mite support 150-300mb+ (lte-advanced 4G+)


Settlement
By KPOM1 on 6/8/2012 1:52:23 PM , Rating: 2
If the issue is that the advertising implied that it would work on LTE networks in Australia, then the regulator and judge have a point. However, if the issue is whether "4G" is misleading, then there is some room for debate, since the ITU definition of 4G does include HSPA+. It sounds like the regulator is happy with the settlement and both sides want to move on, so the judge may be likely to approve the settlement.

Unfortunately, the carriers (led by Deutsche Telekom) lobbied the ITU to water down the definition of 4G. While the initial 4G definition excluded even the current version of LTE, the watered down version includes HSPA+.




RE: Settlement
By messele on 6/8/2012 2:18:16 PM , Rating: 2
Indeed, while Apple should not have advertised the capabilities in the way they did (in Australia) they are certainly not guilty of falsely claiming the 3rd gen iPad has a 4G radio as clearly the definition of 4G has been massively changed from what was intended when the goals for the spec were laid out.

As far as I am concerned by the proper definition there are no 4G devices at the moment so it's little surprise that this is turning into such a mess and people are just believing what they want to believe rather than demanding the regulators, telecoms companies and all others concerned get their act together.


Hypocrite....
By R3T4rd on 6/8/2012 11:56:15 AM , Rating: 2
quote:
Apple's representative Alan Archibald QC said, "Your Honour doesn't know it, but there is a vast area that is controversial here."


Everything Apple has been doing from the patent trolling to the "You're holding it wrong".....falls right into this comment. Only Apple...




RE: Hypocrite....
By Nyu on 6/8/2012 1:43:14 PM , Rating: 1
they are criminals


Why would Apple have to agree?
By Apone on 6/11/2012 12:13:48 PM , Rating: 2
I'm confused, I thought the idea of a fine was to coerce firms to pay for noncompliance with the law. So why would Apple have to agree like they had a decision in the issuing of a fine? In other words, was Apple originally thinking "Nah, we don't feel like we want to pay a $2.25 million dollar fine.."




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