back to article That was fast... unlike old iPhones: Apple sued for slowing down mobes

One day after Apple acknowledged that it has been downclocking the CPUs in older iPhones to prevent sudden shutdowns from battery exhaustion, the first lawsuit has arrived. Filed in the Northern District of the State of Illinois on Thursday, the complaint aspires to become a class action for the supposedly thousands of …

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    1. Lord Elpuss Silver badge

      Re: That probably explains..

      "If the battery degradation is so great as to warrant this, why not fit a bigger fecking battery to start with..."

      Because that would only change the use case, not the outcome. With a bigger battery, users would likely do more - leaving it streaming music, not switching on low-power mode, keeping the brightness up high and so on. Wouldn't change the fact that the number of charge cycles is finite, and as battery performance decreases more and more technological patches are necessary to maintain usability.

      1. Steve Hersey

        Or, shocking thought...

        Apple could have derated the batteries properly so that the phones would continue to work as they -- predictably -- aged. Apple being Apple, it's not like profit margins on iThings are razor-thin, so they *could* certainly afford to do a proper engineering job on power management and get $5 less profit per unit.

        Every electronic device I've helped to develop in a long career has gone through worst-case analyses and has included design margins to make sure it works reliably over its life, and this always includes power management. If Apple's iCrap won't work with batteries that aren't new any more, it's because Management isn't setting realistic goals for the engineering teams, and that means that Corners Will Be Cut.

        1. tim292stro

          Re: Or, shocking thought...

          You are presuming they didn't consider the operating life. If a highly technical firm like Apple has to slow down the phone due to admittedly engineering-understood battery limitations in models as recently as the iPhone 6, doesn't that elude that they they expected the product life to be short? They could have managed the battery life issue better following experience gained from iPhone <6. Either way I see Apple getting their @$$ handed to them. The lawyer will ask the question "What is the product design life?" No matter how they answer that question, Apples loses IMHO. "Oh it's two years maximum" = PR disaster as people would be finding our from the horse's mouth they are paying nearly a grand for a throwaway product - doesn't matter if it's made of gold if you're throwing it away after a few years, only the upper 0.01% can afford to do that on a regular basis (ah, thanks Instagram for showing us that). Or "It's expected to last a minimum of 5 years" = product defect = payout + PR disaster. There are basically two ways how that can be answered "We are shady/dirty" or "We are incompetent" with various mixtures of those two answers in the middle.

          Personally I think it'll end up that people will be told that any phone only has a design and market life of 2 years. Screens, cameras, cellular technology, Bluetooth revision, connectors, etc... which all make the foundation of a mobile device - change too fast and too frequently for a product ecosystem to really exist around a single design anymore. An $800 phone sounds terrible, unless you are having a cell phone company subsidize the phone with higher contract costs spread over two years, at which time you'd be able to upgrade to the next device while continuing your carrier lock-in, a carrier that gets high enough turn over they can use the excuse that the minority to hold on to their old stuff are no longer supported as they are running obsolete radios... Causing the rest of their customers to have to re-buy-in. I'm not optimistic enough about the world to believe that companies aren't collaborating on this stuff off the record outside the reach of regulators, there's just too much money at stake for there not to be anything underhanded going on IMHO.

        2. Tomato Krill

          Re: Or, shocking thought...

          "and that means that Corners Will Be Cut."

          Well Samsung know better than to copy that again at least..

      2. Anonymous Coward
        Anonymous Coward

        Re: That probably explains..

        With a larger battery it could be charged to a lower limit, giving the phone the same run time but drastically increasing the batteries life expectancy, Charging LiPo batteries (what are in these phones) to around 75-80 and not letting them drop too low in voltage makes their life far longer.

        But then when this is found out people will then complain that they don't get to fully use their phones battery, so it should be an option that you disable with a big warning that i will reduce the number of charges greatly if done.

    2. Ian Michael Gumby
      Boffin

      Pomgolian .... Wrong... Re: That probably explains..

      There are two things happening...

      1) Moore's law which is still holds true... (to a point)

      2) Bloatware.

      And product design...

      Please don't conflate these with what is happening...

      As newer, more powerful CPUs are created, more features are added because the phones can do more. Your older phones are having a harder time running with the latest versions of software because of their slower, less powerful CPUs. Also, the more horsepower, the more likely that sloppy code works well enough and added features that you really don't want aka bloatware...

      And then there's product design that wants slimmer cooler look and feel. If you don't believe me... if two cars cost the same... one ran like a tank but looked ugly, or a sleek model that does a better than good enough job... which do you choose?

      NOW HAVING SAID ALL OF THAT.... APPLE WILL LOSE OR SETTLE THE LAWSUIT...

      All of the issues that you raise are true of all PC tech products. (see above)

      However, the issue is that they are throttling you because your battery is supposedly starting to fail. Because of the product design, you are unable to DIY battery replacement, thus you have to pay for the service time in addition to the battery. (and the warranty that it was done right and the phone sealed back up properly...) So you can purchase a new battery. Much cheaper than a new phone.

      At the same time... if you do purchase a new battery, your phone will still be throttled. So how are you protected? You're not. There is no way for Apple to know if you've replaced your battery or not therefore your phone will still fail.

      A judge, or a jury will see thru their argument.

      If they didn't do this... you would still have a choice and of course many would go to CPR (a third party phone repair service) and replace the phone battery. Or you could upgrade your phone because your older phone would be less capable of running the newer apps that you want to have or your kids say are 'must have' apps.

      (You could go to Apple, and it would be smarter because some of these places use cheap knockoff parts that well... could cause your phone to explode or catch fire. ... re. USB charging cables (remember that fiasco?) ... )

      Because Apple doesn't allow this path... they will lose the case and you can bet that if you bought a new iPhone... you'll get some sort of credit at the apple store, or a coupon/rebate... all while the lawyers get millions in a class action lawsuit.

      IMHO, Apple and others in the Silicone [sic] Valley need to wake up and get a reality check.

      1. Alumoi Silver badge

        Re: Pomgolian .... Wrong... That probably explains..

        if two cars cost the same... one ran like a tank but looked ugly, or a sleek model that does a better than good enough job... which do you choose?

        The tank, thank you very much. I'm no snowflake to give a shit about what other snowflakes think about my car as long as it is comfy and protects me from others.

        1. Kiwi
          Trollface

          Re: Pomgolian .... Wrong... That probably explains..

          if two cars cost the same... one ran like a tank but looked ugly, or a sleek model that does a better than good enough job... which do you choose?

          The tank, thank you very much. I'm no snowflake to give a shit about what other snowflakes think about my car as long as it is comfy and protects me from others.

          Actually, given the number of SUV's on the road, it looks like all the sissy little snowflakes are choosing "tank" rather than something else.

          (I personally chose based on function - car needs to be a stationwagon or something that can tow stuff, personal transport needs to be a bike - I encourage friends to buy a decent station wagon so I have one available if I ever need the capacity and then save MY money to buy me a nice bike :) )

    3. mr.K

      Re: That probably explains..

      It is not a premium product... Well, if you define premium as something expensive that people want, yes, then it is. But neither of those two qualities are determined on how well made or useful a product is. Humans are exceptionally bad at assessing the value of something, we are however social and thus cheat by assessing what value other humans put on things. Why money works, marketing is more vital than engineering and capitalism doesn't really work (not saying that anything else works either).

      So, premium in the sense that they are good at marketing, but not premium as in they are good at engineering.

      MrK's law: The quality of a product is inversely proportional to the number of colours on the box.

    4. Apriori

      Re: That probably explains..

      I am sure that when the focus groups were asked What do you want most in a smartphone?", they all replied "A very thin phone" -NOT! Actually most iPhones from the 6 onwards are not actually 7mm, but something like 15 or 20mm, because if you want the thing to run for for a business day (that's about 10-12 hours) you will need an external battery case which more than doubles the thickness (and adds several layers).

      And don't forget the "wet bar of soap" finish, which virtually guarantees the thing gets dropped regularly - unless you put a case on it.

      A decent iPhone would be something like 12mm thick with a decent, non-slippery, scratch resistant finish. The battery would last something like 36 hours with reasonable use.

  1. Anonymous Coward
    Anonymous Coward

    Haven't had this problem at all with my 6S. Probably could test it if I took it out of the bottom draw and stuck a SIM in it, but that's not gonna happen.

    1. FuzzyWuzzys

      Probably on a sliding scale

      I would have thought the degradation is scaled according to various factors, CPU model, phone model, battery age, battery discharge rate. They can't just put in a 50% cpu slow down on all models, the really old ones would be dead in the water. So a 6S might lose say 10%-15% CPU, the 5 might lose 15-20% and so on.

      1. Max Watson

        Re: Probably on a sliding scale

        That's not how this works. The throttling is purely based on the battery ability to provide peak voltage demands.

    2. Steve Davies 3 Silver badge
      Facepalm

      iPhone 6s in a drawer

      If you hate it so much why don't you sell it? There are people out there who will pay good hard cash for them.

      1. Anonymous Coward
        Anonymous Coward

        Re: iPhone 6s in a drawer

        >If you hate it so much why don't you sell it?

        It's probably a corporate supplied paperweight.

    3. Anonymous Coward
      Anonymous Coward

      It depends on the number of charge/discharge cycles, plus presumably some manufacturing variation on the batteries they source.

      Someone who is a heavy phone user who runs it near empty every day is going to age the phone a lot faster than a more moderate user. I usually charge my phone every other day so the battery in my 25 1/2 month old 6S plus I traded in last month was in the same shape as a heavy user's battery would be after only one year.

      As for a "sliding scale" it sounds like they knock down the speed the weaker the battery gets, so it isn't a matter of this model gets X% slowdown and this gets Y%. If you read Poole's article there are multiple peaks shown for the same model, which represent greater and greater amounts of battery wear.

  2. Charles 9

    The fact that batteries get worse over time should be a clue that batteries should be not be considered safe to embed into a device (that and the fire and safety risks) and therefore must be user-replaceable (without tools) in all devices that use them.

    1. Max Watson

      There are many reasons the battery is not easy replace. Creating a user serviceable battery compartment wastes valuable space inside the unit. The battery itself is usually a custom shape for greater efficiency. And warranties are harder to accidentally void by not being able to easily swap the battery with a non-standard replacement

      1. heyrick Silver badge

        "The battery itself is usually a custom shape for greater efficiency."

        Not to mention the waterproofing. My S5 had a replaceable battery and the waterproofing was a little rubber seal on a clip on back panel. I used the phone in the rain but didn't really trust it around more water. The S7 has a fixed battery, and the waterproofing is considerably more solid.

        That said, I'd be happy with a slightly thicker phone and a screw on back if I could change the battery. A fixed battery might make sense in a cheap little WiFi media sharer, but in a phone in the £500+ bracket it takes the piss somewhat - built in obsolescence...

      2. Charles 9

        "There are many reasons the battery is not easy replace. Creating a user serviceable battery compartment wastes valuable space inside the unit. The battery itself is usually a custom shape for greater efficiency. And warranties are harder to accidentally void by not being able to easily swap the battery with a non-standard replacement"

        All extremely lame (and should be illegal) excuses.

        Space should be a secondary concern to safety. If you must be bigger, so be it. Just tell the customer the law (fire safety regulations) doesn't allow you to be too thin, just as you can't buy a new car without seatbelts anymore. Ignoring safety considerations can be considered Darwin Award candidacy.

        As for custom shapes, that's just cramming combined with Planned Obsolescence.

        As for voiding the warranty, you can't fix Stupid. Those who care will take care no matter what it takes. Those who don't would probably find a way to run it over regardless.

      3. JohnFen

        "Creating a user serviceable battery compartment wastes valuable space"

        Interesting definition of "waste" there. In my opinion, utilizing space to provide useful and desirable functionality is the exact opposite of "waste".

    2. Lord Elpuss Silver badge

      "The fact that batteries get worse over time should be a clue that batteries should be not be considered safe to embed into a device..."

      The hundreds of millions of devices with problem-free embedded LiIon cells would beg to differ with this statement.

      1. Charles 9

        "The hundreds of millions of devices with problem-free embedded LiIon cells would beg to differ with this statement."

        Ever heard the phrase "One bad apple spoils the bunch"? All those millions of working devices mean squat if you happen to draw the million-to-one that explodes and burns you.

        1. Kiwi

          Ever heard the phrase "One bad apple spoils the bunch"? All those millions of working devices mean squat if you happen to draw the million-to-one that explodes and burns you.

          There's a slim chance that reading a message on El Reg could trigger a stress response in your brain that could lead to a stroke or aneurysm or some other instantly fatal even. Only one in several hundred million chance maybe but that's too high a risk right?

          Also one in a few thousand electronic devices suffer faults that lead to them catching fire. You should turn all electronics off just to be on the same side.

          1. Charles 9

            Yes, you should, because WHEN (not IF) that one-in-a-million device (and remember, they ACTUALLY occur nine times out of ten) goes up, there WILL be a recall notice meaning you should be turning it in for one done right for a change.

            The threat of a lawsuit, recall notice, and bad press should be enough to encourage good design, but it seems cheaper these days to settle. Sounds like the penalties need changing...

  3. Anonymous Coward
    Anonymous Coward

    benchmark the batteries

    charge the batteries to full and discharge at maximum power until the battery hits 30%. rinse and repeat a few times to get an idea how good the battery is. if the battery sucks, make them get a new one.

  4. Winkypop Silver badge
    Windows

    Planned obsolescence

    So by this standard, I should just throw my 5S in the bin....

    1. FuzzyWuzzys

      Re: Planned obsolescence

      Well that's want Apple want you to do, however have you personally felt the phone is more sluggish with each revision? Most people probably haven't notice, I know that's not the point and I'm not apologising for Apple as it was shitty thing to do to customers. However people are losing their marbles without thinking first, let's actually see the evidence and the figures first.

      I suspect a patch will be released that allows you to decided if you want this CPU "feature" enabled or not.

      1. Steve Davies 3 Silver badge

        Re: Planned obsolescence

        Well that's want Apple want you to do,

        But there is always a risk that you will go over to Android where everything is sweetness and light in the garden of Eden. (yes, I'm being sarcastic).

    2. Anonymous Coward
      Anonymous Coward

      Only a fool would throw it in a bin

      You can still sell a 5S for about $100, and it would be refurbished with a new battery for a lot less than the $79 Apple charges. Or you could replace the battery yourself - I've done it for a couple friend's phones over the years, it is pretty simple. Perhaps not something an average person could handle, but something the average Reg reader could easily handle.

    3. Dr_N

      Re: Planned obsolescence

      >I should just throw my 5S in the bin

      Here in France you take old/broken electrical goods back to the place you bought them (or the municipal dump) for correct disposal. ;-)

      ;-)

      1. macjules

        Re: Planned obsolescence

        Here in France you take old/broken electrical goods back to the place you bought them (or the municipal dump) for correct disposal.

        A shame you can't do that with your politicans..

    4. Lord Elpuss Silver badge

      Re: Planned obsolescence

      "So by this standard, I should just throw my 5S in the bin...."

      Replacing the battery on a 5S is a piece of piss. Replacing the battery in my son's RC car remote is harder.

      And for an out-of-warranty 5S, there's no point paying for original Apple. A decent eBay battery will cost you $15 or so and your phone will be back to full speed in no time.

      1. Charles 9

        Re: Planned obsolescence

        "Replacing the battery on a 5S is a piece of piss. Replacing the battery in my son's RC car remote is harder."

        I'd like to see the picture of such a remote given every RC remote I've seen has a slide-off door you can access without tools. Even the car itself usually has a no-tools door.

    5. Roland6 Silver badge

      Re: Planned obsolescence

      But the 5c (stuck on iOS 10.3.3) probably isn't affected...

      1. Anonymous Coward
        Anonymous Coward

        Re: Planned obsolescence

        They added this in iOS 10.2, so the 5c probably is affected. Even if it isn't, it would still be affected by short battery life and eventually random shutdowns when the battery gets worn down enough. For what little it costs in terms of time and money to replace the battery yourself, it would be worth it to give another couple years of life to a 5c.

        Even if you don't need something as old as a 5c as a phone any longer it will work great as an iPod, or as a toy for a child to play games on that you don't have to be worried about getting dropped one too many times and the screen breaking.

  5. Anonymous Coward
    Anonymous Coward

    Not smart

    There are hard coded performance tables. If your phone is x months old, reduce CPU speed by y.

    If your battery is outperforming its predicted performance, tough, its time to upgrade to anew iPhone...

    My iPhone slowed down drastically immediately after installing an iOS update, and battery life DID NOT improve..

    1. Max Watson

      Re: Not smart

      False, the cpu throttling is not based on age at all.

    2. Lord Elpuss Silver badge

      Re: Not smart

      "There are hard coded performance tables. If your phone is x months old, reduce CPU speed by y.

      If your battery is outperforming its predicted performance, tough, its time to upgrade to anew iPhone..."

      Utter bollocks. Go pimp your trash on Reddit where idiots might believe you.

  6. Anonymous Coward
    Anonymous Coward

    Genius.

    Now all the people who bought second hand or didn't upgrade will now be getting battery replacements from Apple. I bet they recently upped battery production.

    1. Lord Elpuss Silver badge

      That's what this lawsuit is all about - and they do have a point. It's not about whether Apple throttled the iPhone or not, or even whether they told people they were doing it; it's about whether it was made clear to punters that they could restore performance with a battery replacement rather than having to buy a new phone.

  7. Milton

    Not a welcome opinion

    I know this is not something many people want to hear, but ...

    If you pay about three times as much for a phone than is necessary, largely because it's a status symbol, knowing perfectly well that without the slightest technical or engineering justification its battery cannot be simply swapped by you; not to mention that it will also lack the simple expandability and versatility of a uSD slot, again with no good reason; and for which the $23 actual difference between various models' storage levels is charged to you in a $200 increment ... well, you get what you deserve, don't you?

    There's an almost infinite range of phones out there costing far less, offering greater versatility, reliability and expandability, with batteries you can swap in 10 seconds flat, with operating systems *not* designed to steal from you, with a value-for-money proposition that makes the iPhone look like a lump of pointless jewellery—

    —but you'll continue to buy massively overpriced Apple shinies so that, even when the battery has yet again died, you can leave it displayed face down on the desk so that everyone knows *you* paid out of your arse for it.

    In sum: Apple get away with this kind of reprehensible, dishonest, avarcious behaviour because people slavishly buy into their marketing propaganda and simply *have* to be in the herd.

    You get mugged because you keep asking for it.

    1. Anonymous Coward
      Anonymous Coward

      Re: Not a welcome opinion

      Can you let me know what these mythical phones are?

      I've a work supplied 2016 Samsung stuck on a 2015 OS and a early 2017 patch level.

      Apple may slow down you phone, but at least they don't forget it exists 10 seconds after they have made it.

    2. MonkeyNuts.Com

      Re: Not a welcome opinion

      Chillax Milton

      Sent from my iPhone 7 Plus Jet Black 256GB #Boom

    3. Anonymous Coward
      Anonymous Coward

      Re: Not a welcome opinion

      There's an almost infinite range of phones out there costing far less, offering greater versatility, reliability and expandability

      But are they as secure?

      I treat android like windows, nothing goes on them that is worth taking.

    4. Anonymous Coward
      Anonymous Coward

      Re: Not a welcome opinion

      @Milton

      Yeah - I don't really care how much my iPhone cost. It wasn't particularly expensive and I'll upgrade well before the battery wears out. I take the same approach to my TV, house and car. It turns out that an Audi is three times as expensive compared to a Nissan, but ultimately does the same thing.

      Ironically it pays off, as I seem to always be listening to friends complaining about their problems with their 20% "cheaper" purchases.

      What exactly are you saving £200 a phone for (heck - I've spent more on restaurants in a week)? Why not just get a better paying job if you're that skint? Or maybe don't get a smart phone at all, if that seems like a lot of money to you?

    5. Lord Elpuss Silver badge

      Re: Not a welcome opinion

      "If you pay about three times as much for a phone than is necessary, largely because it's a status symbol, knowing perfectly well that without the slightest technical or engineering justification its battery cannot be simply swapped by you; not to mention that it will also lack the simple expandability and versatility of a uSD slot, again with no good reason; and for which the $23 actual difference between various models' storage levels is charged to you in a $200 increment ... well, you get what you deserve, don't you?"

      Oh pish, dearest Milton. Any purchase of a luxury product is a combination of the commoditised cost, the perceived value-add layer, and the emotional desire component. Apple charges for perceived value-add and emotional desire, and gets away with it because people generally actually like the value for money (including emotional) that they get for it. It's not wrong, and it's not stupid just because you don't agree with it. I personally like a commodity kitchen (simple, no frills, gets the job done) and a luxury phone. Others may prefer this the other way round; it's every customers' individual choices and preferences at work.

      And the $23 price you point at? Double pish. Integrated memory fast enough to not bottleneck the processor AND designed to last the life of the product being intensively read/written to every single day is not cheap. Certainly not $23 cheap.

    6. Updraft102

      Re: Not a welcome opinion

      "There's an almost infinite range of phones out there costing far less, offering greater versatility, reliability and expandability, with batteries you can swap in 10 seconds flat, with operating systems *not* designed to steal from you, "

      Phones with operating systems not designed to steal from me?

      What is this mythical OS?

      Surely you do not mean Android, for it is all about stealing from you. Your personal data is worth a lot, and Google just walks right up and takes it if it wants to, whether you approve of it or not. Taking something of value that does not belong to you without the consent of the person you're taking it from is theft. Google thrives on making off with your personal data, and the fine print in a 20 page EULA that the user may have clicked through doesn't change that. Google, Microsoft, Apple, and everyone else who writes such legalese are well aware that no one reads that stuff-- they count on it. It gives them an "out" if anyone gets testy about having their personal data stolen, but it's so long and technical that no regular user is ever going to try to read it. It's the little game they play... "It's not theft! You agreed to it!" It may work to keep them from having serious legal trouble, but other than that, it acts like a duck and it quacks like a duck (a duck being theft here).

      South Park did a show about this, combining critique of the EULA "we can do anything, you agreed" bit with a parody of one of the least deserving movies to ever be made, Human Centipede. If you have a strong stomach, search for Human CentIpad on the web, and don't say I didn't warn you.

  8. muttley

    Lack of transparency

    Engineering and user experience wise, this is a neat idea IMO.

    What's gripping people's shit is the lack of notification the throttling is occurring.

    As for the lawsuit, well, if there's a possibility of filing, one would be incompetent NOT to eh...

  9. Anonymous Coward
    Anonymous Coward

    The only issue I have...

    Is there's nothing to say that your battery is worn out - my Macbook Pro shows "cycles", "new capacity" and "current capacity" so that I can tell when I need a new battery (last one was replaced after five years of daily use).

    I would much rather my phone ran a bit slower than kept shutting down when a processing spike caused the battery voltage to drop below the low battery protection threshold (which is there to stop the thing turning into a fire-ball - lithium cells are dangerous when under charged as well as over charged).

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