Does Apple's frequency reduction infringe copyright? Experts: It infringes on users' right to know and choose, etc.

Many Apple consumers have encountered the problem of their iPhones becoming slower and slower, or even freezing, after just one or two years of use. Recently, Apple made a statement, admitting that it did intentionally reduce the frequency of the processors of older models without the knowledge of users, in order to protect the hardware of the phone. Many consumers are not convinced, believing that Apple's unauthorized interference with users' devices is an infringement. Some consumers also questioned whether Apple was doing this to protect older phones or to get consumers to buy new products.

Does it infringe the user’s right to know?

In a recent statement, Apple said that its actions were entirely for the sake of users. If the phone's CPU still maintains its previous performance, then due to the inherent defects of lithium batteries, the battery will be less durable. Therefore, this is done to protect the battery, protect the phone's hardware, and prevent the phone from shutting down automatically.

Even if Apple has legitimate purposes as it claims, is it fair to consumers to slow down the processors of older iPhones without authorization? Does it infringe on consumers' rights?

According to media reports, five Apple mobile phone users recently filed a lawsuit in the Chicago Federal Court, accusing Apple of concealing information that should have been made public. They also said that if Apple had stated in advance that they only needed to replace the battery to make their old phones faster, they would not have spent more money to buy new Apple phones.

"my country's Consumer Protection Law stipulates nine rights for consumers, the first of which is the right to know. Without the right to know, there is no choice. Without the right to choose, there is no right to fair trade." Liu Junhai, director of the Institute of Commercial Law and professor of the School of Law at Renmin University of China, said that Apple has an obligation to disclose information and should inform consumers in advance of any technical processing of mobile phones. Liu Zhihui, deputy director of the Institute of Civil Law and professor of the School of Civil, Commercial and Economic Law at China University of Political Science and Law, also pointed out that Apple used the technology of "artificially slowing down the speed of mobile phones" on old mobile phones without any information prompts, even if its purpose was to avoid accidental destructive shutdowns caused by aging mobile phone batteries, it was suspected of infringing users' right to know.

Is the sales contract breached?

Apple has always claimed that its core competitiveness lies in "user experience". So when consumers purchase an Apple phone, is the subject matter of the sales contract limited to the phone itself, or should it also include the high-performance experience including its service life?

"Although there is no clear agreement in the sales contract for Apple phones, judging from consumers' choices and demand habits for phones, when consumers buy Apple phones, they should be deemed to have purchased a high-performance experience within the corresponding service life. But even if consumers' rights include the high-performance experience they should enjoy, Apple's practice cannot necessarily be considered a violation of the sales contract, because this involves the formulation and interpretation of specific parameter standards for the high-performance experience, and the sales contract does not make clear provisions for the standards for the high-performance experience." Liu Zhihui said that if "bringing the ultimate user experience" is just Apple's advertising slogan, and high-performance experience has not become a specific and enforceable contract standard, then from a legal perspective, Apple did not violate the sales contract, but at least it violated the principle of good faith.

Who decides whether to maintain high performance or protect the battery?

Some consumers value battery life, while others value the speed of their phones. So, as Apple has pointed out that high performance and battery life are not both possible, should consumers be the ones to choose between lowering phone performance or replacing the battery?

"The right to choose certainly belongs to consumers, and Apple as a business should not make choices on behalf of consumers." Liu Junhai said that it is precisely because the right to know is not protected that the right to choose cannot be exercised. If consumers are informed, they can choose between slowing down the operation to extend battery life and replacing the battery to maintain high performance based on their preferences.

"Failure to respect consumers' right to choose will also lead to infringement of consumers' right to fair trade." Liu Junhai said that after the release of new mobile phones, the performance of old mobile phones will decline, which will make consumers mistakenly believe that the problem lies with the phone rather than the battery, and thus spend thousands of yuan to buy a new phone, when consumers could have only spent a few hundred yuan to replace the battery.

Liu Junhai also pointed out that without the knowledge of consumers, Apple arbitrarily interfered with the operating speed of consumers' mobile phones in the name of "for the sake of users", which was a serious infringement.

As a winner of Toutiao's Qingyun Plan and Baijiahao's Bai+ Plan, the 2019 Baidu Digital Author of the Year, the Baijiahao's Most Popular Author in the Technology Field, the 2019 Sogou Technology and Culture Author, and the 2021 Baijiahao Quarterly Influential Creator, he has won many awards, including the 2013 Sohu Best Industry Media Person, the 2015 China New Media Entrepreneurship Competition Beijing Third Place, the 2015 Guangmang Experience Award, the 2015 China New Media Entrepreneurship Competition Finals Third Place, and the 2018 Baidu Dynamic Annual Powerful Celebrity.