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The Courts Android Businesses IOS Software Apple

In First Ruling of Its Kind, Apple and Samsung Fined For Deliberately Slowing Down Old Phones (theguardian.com) 187

An investigation by Italy's competition authority has found that software updates "significantly reduced performance" on Samsung's Android handsets and iPhones. From a report: Apple and Samsung are being fined Euro 10m ($11.4m) and Euro 5m ($5.7) respectively in Italy for the "planned obsolescence" of their smartphones. An investigation launched in January by the nation's competition authority found that certain smartphone software updates had a negative effect on the performance of the devices. Believed to be the first ruling of its kind against smartphone manufacturers, the investigation followed accusations operating system updates for older phones slowed them down, thereby encouraging the purchase of new phones.

In a statement the antitrust watchdog said "Apple and Samsung implemented dishonest commercial practices" and that operating system updates "caused serious malfunctions and significantly reduced performance, thus accelerating phones' substitution." It added the two firms had not provided clients adequate information about the impact of the new software "or any means of restoring the original functionality of the products."

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In First Ruling of Its Kind, Apple and Samsung Fined For Deliberately Slowing Down Old Phones

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  • by Anonymous Coward

    My S5 was really fast when I got it in 2014. Now it is really slow.

  • by forkfail ( 228161 ) on Wednesday October 24, 2018 @03:09PM (#57531409)

    No? Then much as I really hate having to perfectly good hardware as often as it seems that I do, I am not sure that the incompetence and laziness of bloatware kernels and OS's is actually malicious per se.

    • by AmiMoJo ( 196126 )

      With every new version they add some extra bloat. New built in apps you don't want, new services to deliver ads or DRM infected media. Apps that used to work just fine get updated for the new hardware with twice the RAM and suck on your device.

      And then you get the update pushed on you hard. Refusing means stuff stops working and no more security patches for you.

      • New Android versions don't get pushed hard on anyone. You usually can't get them if you try.

      • by rtb61 ( 674572 )

        NOTE, they only do this to phones with built in redundancy, lack of user replaceable batteries because yeah, finding out that a battery which everyone knew was absolutely positively going to fail, requires hundreds of dollars and a significant period of lose of use ie buy a new phone instead and be working again, instead of waiting a week or more with out a phone and spending hundreds of dollars on it's repair. No one powers down phones with use replaceable batteries, the user just pops in a new battery no

    • My iOS upgrade history:

      iOS 3.x -> 3.xx --> (Slows down) --> "Don't blame malice where you can blame incompetence"
      iOS 3.xx -> iOS 4.x --> (Slows down) --> "Don't blame malice ... where you can blame incompetence"
      IOS 4.x -> iOS 5.x --> (Slows down)--> "Don't ... blame .... malice ... where you can blame ... incompetence."
      IOS 5.x -> iOS 6.x --> (Slows down) --> "Blame Apple's malice. Blame incompetence - mine - for letting this happen."

    • I am not sure that the incompetence and laziness of bloatware kernels and OS's is actually malicious per se.

      Malicious is not providing a way to get the device to operate as originally purchased. That is all. The slowdown doesn't need to be done on purpose, it just needs to be done without recourse in order for there to be a problem. It's not even a question of support or security, just one of user choice.

  • by XxtraLarGe ( 551297 ) on Wednesday October 24, 2018 @03:10PM (#57531417) Journal
    So now they have a couple of choices:
    1. A. Release software updates that can slow older phones down
    2. B. Release software updates only for newer phones

    It seems to me that they would get in trouble for "planned obsolescence" either way. I'm sure some are thinking "What about 'C. Release software that doesn't slow down older phones'?", but that may not be possible based on the hardware. The only other realistic option is "D. Don't release software updates".

    • by Quakeulf ( 2650167 ) on Wednesday October 24, 2018 @03:12PM (#57531435)
      I am still on iOS 4 for my iPhone 4. It works just as it should, except the Safari browser is gradually phased out and won't display all the unbearably fancy frameworks on most social media websites.
      • The OS shouldn't be a problem for you, but applications will. Safari is an application and it will eventually stop working properly. If you think of it, more and more new features come out that browsers nowadays want/need to support. The old one which you have will not understand the message/parameter, and as a result can't display or brokenly displays the content. As long as you use your iPhone as a phone and/or play game offline, then it would still be fine. If you want to link it with nowadays technology

    • How many times do people have to explain that slowing it sown when the battery is weak is a good idea, should be the default, and it should perhaps allow an override. But an override is not expected initially in the software because over draining a Li battery is dangerous. So maybe you llow som over ride but only after you have studied the issue more.

      Apple and I assume samsung were acting in good faith here.

      • Slowing down like this is unacceptable IMO.

        Yes, you can have a setting that slows the phone down to make it use less power. Hell, you can enable it by default. As long as I can go and disable it. If I find out that the battery then does not last long enough, I'll get the battery replaced - even if it takes special tools to take the phone apart, the phone is not potted and the battery can be replaced.

        If the phone is deliberately slowed down with no way to undo it, then even if I replace the battery the phone

        • by tlhIngan ( 30335 )

          If the phone is deliberately slowed down with no way to undo it, then even if I replace the battery the phone will be slow (though probably last longer than new).

          The phone is slowed because the battery cannot handle the load. If you change the battery, the slowdown doesn't happen anymore. It's how people found it out.

          When iOS boots, it sets a flag. If it boots successfully, then the flag is cleared. But if it fails and resets due to power brownouts, then iOS implements the slowdown.

          This way even with a wea

          • Honestly, the slower phone seems like the better outcome as it ensures you have a phone and not a brick

            Yes, it does seem like a better option with one requirement - that I am notified that I need to replace the battery. I can then decide if I want to do it (or use the slow phone, or buy a new phone), but I should know about the problem.

            At least when the phone fails to boot or randomly shuts off, I know there is a problem and can bring the phone to a repair shop to fix it. If the phone just slows down, I may not notice it at first (if the slowdown is gradual) or think that the software update is bloated and i

          • by AmiMoJo ( 196126 )

            The correct solution is to use the right battery. Specify a battery that can deliver the required current even when it is aged.

            Clearly Apple did not test this properly. If they had they would have build the slow down in from the start. Other manufacturers fit larger batteries that are able to deliver more current, mitigating the problem.

            In Google's case the fix was to change the battery. Apple saved themselves a large amount of money by not doing that. Newer models learned from this mistake and switched to

    • by Shaitan ( 22585 )

      Given the next round of moore's law is on track with an ETA of 20yrs there is little to no reason new phones should be appreciably faster than old.

    • by lgw ( 121541 ) on Wednesday October 24, 2018 @04:15PM (#57531843) Journal

      So now they have a couple of choices:
      A. Release software updates that can slow older phones down
      B. Release software updates only for newer phones

      Back in the day, the norm for software was:
      * All old versions ever sold are in some way maintained
      * Current verson and one version back get features and quality-of-life fixes
      * Older version only get security or crash fixes.

      That was just was what "professionalism" in software meant. You don't force people to upgrade, though hopefully they'll want the new version.

      These days each new version has a worse UI than before, people are forced to change, and old versions are flatly abandoned. This is not a better way.

      • and you always had more customers. I worked for a print shop that had this little invoicing package. Spent some time hacking printer drivers to get it to print correctly because the manufacturer was out of business. Once they'd sold the software to every small print shop in the country they had nowhere to go. And the software mostly just worked, so no reason to upgrade. Yeah, eventually I had to do that printer driver hack, but that was 10 years after the company went belly up.
    • by AmiMoJo ( 196126 )

      They can just keep the old OS going with security patches. That's pretty much what happens to Android phones once they are out of the manufacturer's update cycle, they just get security fixes from Google Play.

    • by epine ( 68316 )

      So now they have a couple of choices:

      A. Release software updates that can slow older phones down
      B. Release software updates only for newer phones

      Back in the early dark ages—before Microsoft's 30-year war on software quality (the early dark ages weren't great, but this was before the bubonic plague, which sure beat the middle dark ages)—nobody was drinking the Kool-Aid that there were only two options.

      If you believe this now, you've been played.

      It's funny what you ca

    • by sjames ( 1099 )

      C) Actually pay attention to performance when developing and make it possible to turn off resource heavy new features.

      D) Adopt a tiered system like Debian where Stable only gets bug fixes and perhaps backports.

      Add in user replaceable batteries or at least make it easy for a moderately skilled tech to do it without crazy special tools or resorting to grey market parts.

    • Are we that used to updates slowing down our devices we've just accepted, blindly, that good design is impossible?

      Maybe a simple security update shouldn't require a complete database rebuild, staged over several days.

    • by dublin ( 31215 )

      No, I'd say at least half the problem is that these manufacturers (especially Apple) deliberately *prevent* owners of their products from ever "downgrading" to restore previous functionality. Apple regularly revokes signatures for older releases when a new one comes out, so if an "upgrade" horks your phone, too bad, so sad - you're stuck. (Without having to resort to hacky stuff - the point is that ordinary users should be able to restore prior function after they discover an "upgrade" actually destroys t

    • So now they have a couple of choices:

              A. Release software updates that can slow older phones down
              B. Release software updates only for newer phones

      I'll go with C. Release software updates that can slow older phones and provide users the option to not install them and to downgrade (upgrade?) to the previous version if they see fit.

    • Motorola & LG have no problem with this. I don't even mind if I have to take it to a repair shop so long as I get to pick the shop.
  • Nope (Score:3, Interesting)

    by Artem S. Tashkinov ( 764309 ) on Wednesday October 24, 2018 @03:10PM (#57531421) Homepage
    That way they should constantly fine almost all the software companies in the world because almost all of them deliberately slow their their software products all the time. Some programs are occasionally getting faster (e.g. web browsers, video encoders, compression software, etc.) but that's an exception.
    • At least let us downgrade back if we get upgraders remorse. I agree with that bit fully.

    • IIRC... it took my 286 running DOS 6.x about a minute to boot and become usable. Today, with exponentially more resources, it takes about a minute for my Linux and OS X desktops to boot and become usable. I won't bother trying to compare Windows 10 since my only experience are the work machines and they have do do all sorts of domain stuff before being usable, but Win 7 was about that on a laptop on a fresh install.

      One of the neatest things was when I got one of the brand new first of Pentium 2 machines -

    • That way they should constantly fine almost all the software companies in the world because almost all of them deliberately slow their their software products all the time.

      Nope. The fine here was not that new software is slow, but that the new software was forced without recourse. Most other software company provides some way to install their old software.

  • Nice bribes (Score:5, Interesting)

    by Quakeulf ( 2650167 ) on Wednesday October 24, 2018 @03:11PM (#57531427)
    Those pitiful sums won't stop them from doing it for as long as they are not physically restrained from scamming naive customers.
  • That's about what Apple spends on plastic wrap for the pallets of cash that Europe sends it daily for their products.

  • If you really like your phone the way it is and are worried about slow downs, don't update. It's that simple.

    More features == more bloat == slower than the previous software on the same hardware. This has been true since the dawn of computing.

    • by TheFakeTimCook ( 4641057 ) on Wednesday October 24, 2018 @03:27PM (#57531513)

      If you really like your phone the way it is and are worried about slow downs, don't update. It's that simple.

      More features == more bloat == slower than the previous software on the same hardware. This has been true since the dawn of computing.

      Not in the case of IOS 12.

      It actually runs (much!) FASTER than even the ORIGINAL iOS version on my iPhone 6 Plus.

      Now what?

      • Yes, I was also pleasantly surprised how IOS12 made my 4 year old 6 Plus run smoothly and quick enough. It actually makes me delay replacing the phone for at least another year.
        • Yes, I was also pleasantly surprised how IOS12 made my 4 year old 6 Plus run smoothly and quick enough.
          It actually makes me delay replacing the phone for at least another year.

          Exactly how I felt!

          And there is review after review about the speed up of old hardware.

          But, FACTS never got in the way of HATERS on Slashdot!

      • by dublin ( 31215 )

        Agreed - iOS 12 is definitely an outlier, to the point that I'm thinking I may never allow it to update. (Apple's famous for Fall updates that cripple the performance of phones, driving Christmas sales...)

        I bought an iPhone SE (basically, a 6s that actually fits in a pocket) as soon as they came out with the 128GB version, and it's definitely quicker after the upgrade to 12... What I'd really like, though is a setting that says, "NEVER upgrade my phone automatically - let me decide what version to upgrade

        • Agreed - iOS 12 is definitely an outlier, to the point that I'm thinking I may never allow it to update. (Apple's famous for Fall updates that cripple the performance of phones, driving Christmas sales...)

          I bought an iPhone SE (basically, a 6s that actually fits in a pocket) as soon as they came out with the 128GB version, and it's definitely quicker after the upgrade to 12... What I'd really like, though is a setting that says, "NEVER upgrade my phone automatically - let me decide what version to upgrade to, and when!"

          ALL you have to do is to never let it update. It will eventually get the idea, and stop pestering you to update.

          It does take awhile, though.

  • Italian Legal System (Score:4, Informative)

    by Thelasko ( 1196535 ) on Wednesday October 24, 2018 @03:18PM (#57531455) Journal
    I would like to remind everyone that the Italian legal system is the same one that tried to put geologists in jail for an earthquake, [sciencemag.org] and tried Amanda Knox for murder despite already convicting another person for that crime. [wikipedia.org]

    Let me know when another country reaches the same findings, because I don't have confidence in Italian courts.
    • I would like to remind everyone that the Italian legal system is the same one that tried to put geologists in jail for an earthquake, [sciencemag.org] and tried Amanda Knox for murder despite already convicting another person for that crime. [wikipedia.org]
      Let me know when another country reaches the same findings, because I don't have confidence in Italian courts.

      Exactly.

      The Italians are notoriously corrupt and quite frankly, a little stupid, when it comes to their politics and courts.

      Not that they have a stranglehold on those problems, especially in these days of Trump; but they seem to have more experience at it...

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      I'm not sure about Samsung, but in Apple's case they were outright denying anything was going on until someone conclusively proved it. The reason for the slowdown was to extend battery life on old phones. Apple, for some reason, didn't want to come out and say this. They also didn't want to give the user an option to choose performance over battery savings (since Apple always knows best).

      Word verification: brnkfms

    • by AmiMoJo ( 196126 ) on Wednesday October 24, 2018 @04:41PM (#57532019) Homepage Journal

      The very first sentence of your own link:

      "The man accused of sending a group of scientists to the central Italian city of Lâ(TM)Aquila in 2009 to falsely reassure citizens that no major earthquake was about to strike"

      The issue was that they told people there was little risk, which resulted in them not taking precautions. They were not prosecuted "for an earthquake", as you suggest.

      Their legal system has enough issues for you not to have to strawman it.

      As for Knox, in most European countries it is possible for two people to convicted of the same murder. Even if only one of them physically murdered the victim the law considers being closely involved, as it is alleged that she was, is also murder. That's how the law works here, maybe in the US it would be "accessory to murder" or something, I'm not an expert.

    • Europe is really, really big on stopping planned obsolescence. A friend of a friend worked for one of the big printer manufactures. Their printers lasted 5x longer in Europe and could be serviced without hacking DRM.

      It's not about fines, it's about landfills. The US has so much space we can dump crap far enough away from the water table that it's not a problem for 50 years (it takes about that long for a city to grow out to where the dumps are). Europe doesn't have that luxury.
    • Why does another country need to reach the same findings? Just because you found two cases you misinterpreted (and you did grossly misinterpret them) doesn't invalidate the entire legal system.

  • by Anonymous Coward

    In other news, EU finds that suing big companies makes a great money stream.

    • In other news, EU finds that suing big companies makes a great money stream.

      That was my first thought, too.

    • by aybiss ( 876862 )

      Well the US is going around the world forcing people into trade deals that let the companies sue the government. I guess they are just trying to get ahead of the curve.

  • by TheFakeTimCook ( 4641057 ) on Wednesday October 24, 2018 @03:21PM (#57531475)

    This ruling is proof-positive that Courts, by and large, (and definitely this Court) do not understand "Tech".

    I don't know about Google; but in the case of Apple:

    Apple explained what their "motivations" were (which was to provide the User with an OVERALL more RELIABLE experience). Court OBVIOUSLY didn't get it.

    Many, many instances of people with NON-clock-speed-managed phones (both Apple AND Android) having their phones showing what appeared to be "plenty" of battery charge suddenly reboot due to a voltage-dip from a sudden spike in CPU/GPU load. Court OBVIOUSLY didn't understand batteries, physics, nor di/dt issues in digital electronics.

    Apple has already explained and given the User the CHOICE to "live dangerously" (by electing to disable this part of power-management). Court OBVIOUSLY didn't understand this.

    Apple has already mitigated the root-cause of the matter (battery-aging), which again, is a fact of PHYSICS, by offering low-cost battery replacements to ANY of the "affected" phones.

    Apple has gone to great lengths to release a version of IOS that SPECIFICALLY (and quite frankly, dramatically) IMPROVES the overall PERFORMANCE of OLDER PHONES, not by removing any "slowdowns"; but by running-around and seeing where they could make individual processes more efficient, and also by decreasing the amount of "ramp up" time for clock-speed in response to greater loads. (one spec I saw took that ramp-up time from 450ms to 80ms. Those things add-up...)

    Apple is now supporting SEVEN generations of the iPhone (and about 5 generations of iPad) with the latest version of IOS 12 (the same IOS 12 that specifically and vastly IMPROVES the performance of OLDER devices).

    So, tell me: How was ANY of this "Anti-Consumer"? How was ANY of this "In furtherance of a plot to trick people into Upgrading unnecessarily?"

    • by cob666 ( 656740 )
      I completely agree with your sentiments here. Not only courts, but most people in general do not understand the interplay between hardware and software. They have a 3 or 4 years old iPhone but still want to run the latest and greatest OS, which was written to take advantage of newer gen hardware and then they wonder why their iDevice seems to be running slower. While I do NOT agree with everything that Apple does in regards to their product development, I will agree that they have tried to be very transp
      • Man, makes you wonder how Microsoft Windows ever got off the ground; or Linux for that matter. All that old hardware they support somehow.
        • Man, makes you wonder how Microsoft Windows ever got off the ground; or Linux for that matter. All that old hardware they support somehow.

          Their stuff doesn't ONLY run on batteries ALL the time, dumbass.

          You are the most idiotic person on Slashdot.

          You and ToughLove are made for each other.

      • I completely agree with your sentiments here.

        So you also don't understand the court decision?

        They have a 3 or 4 years old iPhone but still want to run the latest and greatest OS

        Actually the court ruling was specifically about NOT wanting to run the latest and greatest OS, and not being given the option.

        I guess the only thing Apple can do now is to put out a statement indicating that installing a new operating system MAY result in performance degradations in older generation hardware.

        Or they could provide users the choice of not upgrading and make the factory reset options actually reset the phone to factory settings and work the way it did when the user originally purchased it.

    • by dublin ( 31215 )

      I'm for the courts here, because the right to downgrade firmware to restore functionality is at least as important as the right to repair.

      I'm against government intervention, but would be in favor of laws that require batteries to be replaceable. (Interestingly, this is less of a problem with phones than with tablet-type devices like iPads and Surfaces...)

      • I'm for the courts here, because the right to downgrade firmware to restore functionality is at least as important as the right to repair.

        I'm against government intervention, but would be in favor of laws that require batteries to be replaceable. (Interestingly, this is less of a problem with phones than with tablet-type devices like iPads and Surfaces...)

        iPhones and iPads HAVE replaceable batteries. I don't know where that meme started; but it simply isn't true.

    • The fact you think this about battery management shows you don't understand the courts, or the ruling, or what was even being argued.

      But hey, fanboi gotta fanboi even if it is just talking about irrelevant garbage.

      • The fact you think this about battery management shows you don't understand the courts, or the ruling, or what was even being argued.

        But hey, fanboi gotta fanboi even if it is just talking about irrelevant garbage.

        It IS about battery management; or more correctly, the MISUNDERTANDING regarding battery management.

    • Slowing down a phone because the old battery can't handle the load is fine. It becomes a problem when customers come in saying their old phone is slow and Apple's reps says, "It's time to buy a new phone!" instead of, "Oh, the battery is old, want us to replace that for you?" This turns a helpful feature into a tool to get people to believe they need to replace their perfectly good older phone with an expensive new one--largely due to your software actively slowing it down.
      • Slowing down a phone because the old battery can't handle the load is fine. It becomes a problem when customers come in saying their old phone is slow and Apple's reps says, "It's time to buy a new phone!" instead of, "Oh, the battery is old, want us to replace that for you?" This turns a helpful feature into a tool to get people to believe they need to replace their perfectly good older phone with an expensive new one--largely due to your software actively slowing it down.

        I would agree, IF that was true; but, considering that Apple salespeople are NOT commissioned, there is very little incentive for them to "push" an Upgrade rather than a battery replacement.

        Show me more than a couple overzealous employees taking it upon themselves to lie to customers like that, or it is just that: An overzealous employee or two. NOT a corporate policy (hidden or otherwise).

  • Next up: I quit Verizon on my tablet after 3 years of a 2 year contract. When the final month was up, all app-based video (read: Netflix, YouTube, AMC, etc.) broke.

    I am guessing the system video (HTML 5?) utility needs to call home to Verizon each video segment, fails, and the video ends or jumps back randomly.

    Why, Verizon and Samsung? Why?

  • Then they'll just stop updating them. Heck, that's what Apple did with the iPhone 1 and the 3G, where each respective last-supported iOS version was released about 2 1/2 years after that iPhone's debut date. Certainly a safer alternative than getting sued for maintaining older hardware, and it still encourages consumers to replace their phones.

    • Then they'll just stop updating them. Heck, that's what Apple did with the iPhone 1 and the 3G, where each respective last-supported iOS version was released about 2 1/2 years after that iPhone's debut date. Certainly a safer alternative than getting sued for maintaining older hardware, and it still encourages consumers to replace their phones.

      That was over a DECADE ago.

      Let it go.

  • by Anonymous Coward

    Several years ago, I upgraded a friend's iPhone 3GS to a later version of iOS (not sure which one). But after that the 3GS crawled to a halt. It was no longer useable. Everything was slow on it. Unfortunately, I did not make a backup of it beforehand (doh!) and I soon learned that unlike Android, Apple did not provide factory installation images for it. So my friend finally gave up and upgraded to an iPhone 4 (the one with antennagate). Apple really did seem to be providing iOS upgrades which made old

  • now crack down on battery slow downs and error 53 BS!

  • by duke_cheetah2003 ( 862933 ) on Wednesday October 24, 2018 @04:05PM (#57531765) Homepage

    If the manufacturers are intentionally releasing updates that have a goal of degrading performance on a device, yes, that should be discouraged.

    However, if a manufacturer releases an update that is just patches, fixes, new features, what have you, without the intention of degrading performance on a device, but instead as a side effect of the changes, the device's performance is degraded, then we have to say, that's ok.

    It would be pretty absurd to expect a old device to run the newest software. This is nothing new in the PC world at least, I certainly wouldn't expect a 486 or Pentium to run Windows 10 all nice and usable.

    It would be equally absurd to expect manufacturers from holding back updates that may correct security issues, or other critical bugs. Those updates might degrade performance.

    I'm not entire sure I'm comfortable with a court making the call on which side of this fence the update falls on. Intentional performance loss, or just side effect of updates? There'd have to be some pretty solid evidence of the former if it's going to be the call. Apple is definitely guilty of this, among a plethora of other shady activities.

    • not the former. They were intentionally slowing the device to make the battery last longer. This was done to minimize the negative perception of a non-replaceable battery. They avoided telling people about it because doing so would hurt sales (which, judging by the results of the iPhone X seems to have happened).

      I'm with Europe on this one. Keep your junk with it's heavy metals out of my land fills and water table.
    • by jezwel ( 2451108 )

      >

      It would be pretty absurd to expect a old device to run the newest software. This is nothing new in the PC world at least, I certainly wouldn't expect a 486 or Pentium to run Windows 10 all nice and usable.

      If Microsoft designed Win10 to run on 486s and advertised the minimium recommended spec as a 486, then yes you would.
      This is a compatible OS updates to hardware that was running the OS fine previously, and not so fine afterwards. (I see this myself on my old Galaxy S5).

      It would be equally absurd to expect manufacturers from holding back updates that may correct security issues, or other critical bugs. Those updates might degrade performance.

      This is the conundrum. Perhaps these updates need to be split out so so that users can install them individually, with notification of the expected performance hit that the update would give?

      • Perhaps these updates need to be split out so so that users can install them individually, with notification of the expected performance hit that the update would give?

        We've been down this road before. Users cannot be trusted to make informed decisions regarding which updates to install, and which to avoid. This is precisely why Microsoft has shifted from user-controlled updates to "you will update when we say so." Because users can't be trusted to make the right choices. How could they? Most people have no flippin' clue.

        The unfortunate side-effect of aiming things toward the masses is the people like pretty much everyone on this site, whom do have a clue, are stuck

  • by SirMasterboy ( 872152 ) on Wednesday October 24, 2018 @04:29PM (#57531923)

    I mean, slowing them down is better than them abruptly shutting off well before 0% due to a weak battery, no?

    What should they have done?

    I guess if they made it a popup message like:

    "Your Phone recently shut off prematurely due to a worn out battery, click here to activate a mode that will limit the maximum power draw of your phone to prevent premature shut off. Note that your performance will be somewhat degraded in this mode, you can change this mode at any time in the settings app."

    Something similar to that.

    But ultimately the reason they chose to do this was to limit the maximum power draw so that the phone wouldn't shut off before the battery was drained. This was only happening on phones with worn out batteries and replacing the battery brought the performance back to full. Slowdown was simply a necessary side effect of capping the maximum power draw.

    • The hardware as shipped was faulty. The fix/patch was to throttle, which was not disclosed to the customers.. Apple should have tested the phone with a simulation of a degraded battery and fixed the issue before shipping, perhaps with slower initial performance or with a better voltage regulator design that would handle a bigger battery droop with a degraded battery at full load.

      Perhaps the fix should have been a motherboard replacement.

    • and given them the option to buy a new battery.

      The point of this was to hide the downside of a non-replaceable battery. A user replaceable battery is a competitive edge when you know it will impact performance over the life of the phone.
    • I mean, slowing them down is better than them abruptly shutting off well before 0% due to a weak battery, no?

      What should they have done?

      Not talked about the battery issue since it had nothing to do with why they were in court.

  • by epine ( 68316 ) on Wednesday October 24, 2018 @05:16PM (#57532199)

    There's a simple low-hanging fruit here: simply pass a law that software products much support reversion to any version the user might have previously installed.

    And if the manufacturer wants to scrub an old version from the face of the planet (say, for example, they infringed a patent), then they must provide the old version with only those fixes, or only those fixes with substantially the same performance profile, plug-in API, and UI layout, etc. (though it might be built on a later release which is more feature rich, at the manufacturer's choice).

    Second, we repeal prohibitions against reverse engineering if the default install of the best-available older release can be rooted right out of the box by a known exploit that's more than a year old. (If you won't fix it, the government is providing no assistance through the legal system to help you prevent your customers from fixing it themselves; and if they publicise any of your trade secrets in the process, so be it, that cat is now forevermore out of the bag.)

    Note that we're not making anyone fix anything.

    We're making the corporations do precisely one thing: support older products by allowing original firmware to be reinstalled (original firmware, or narrowly patched original firmware, preserving operational characteristics and user experience).

    And we're also saying: if you can't eff yourself to make your default install secure, and you also won't eff yourself to amend your mistakes once they come to light (surely there weren't so many that this instantly drives you out of business), don't come begging to the fiat power of government to shelter your half-ass trade secrets.

    This would create an a much-needed incentive structure for companies with half trillion dollar market caps to tempt their customers to embrace the future with carrots rather than sticks.

    The Wild West of the smartphone explosion is long over now.

    It's high time for a more studied pace of product churn, one where security gets equal shrift.

    Note also that leaves innumerable loopholes available for software corporations to continue to shit on their user bases. But the shenanigans will be a little bit more out in the open, and easier to ridicule, and hence more effectively policed by the court of public opinion (which is where this should and would be litigated, if the court of public opinion was lifted off the mat).

  • I seem to recall this isn't a new problem. The issue is that as the battery ages, some batteries aren't able to supply as much power under peak load. If you don't slow down the processor it with literally overwhelm the battery and the phone will crash or lock up!

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Thursday October 25, 2018 @12:59AM (#57533907)
    Comment removed based on user account deletion
  • what does this mean, that you can revert back to the initial state?
    why would you want that? that image is out of date, including a lot of security problems.
    the problem isn't the os (at least on android), but the crap vendors put on top of it.
    my samsung phones include so much rubbish, battery life is limited to one day.
    when i installed a clean custom rom on it, it lasted for days.
    my S4 is still going strong, despite it being many years old.

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