Apple: No Intent to Mislead Aussie Consumers on New iPad's 4G Connectivity
Apple has insisted Wednesday that its marketing ploy for the new iPad led not Australian buyers into believing that the tablet computer will be able to connect on Telstra's 4G network.
Apple Australian lawyer Paul Anastassiou SC told the Federal Court in Melbourne that the tech giant did not intend peddle the notion that the upgraded iPad, which now runs on faster processor, emits higher screen resolution and connects to high-speed internet connection, was compatible with Telstra's existing infrastructure.
In selling the new device during its March 16 launch, Telstra has earlier indicated that the iPad's 4G connectivity will not be able to connect on its LTE services as the frequencies configured with the tablet were not in sync with that of Telstra's.
The earliest that Telstra can accommodate the new iPad's 4G frequencies, which were standards currently in-placed in North America, would be 2015, thereby rendering the gadget's 4G connectivity useless as Apple normally releases new versions of the product each year.
Apple, however, is willing to refund Aussie iPad buyers who may claim that their purchase of the device led them to believe that it can be used on Telstra's 4G network, Mr Anastassiou told the court.
At the same time, the Apple representative insisted that "at no point in any promotional material for which Apple was responsible has Apple said at any time that the new Apple device is compatible with Telstra 4G."
"Prior to the launch of the product there was significant press pointing out that the device is not compatible with the Telstra 4G LTE network," The Australian reported Mr Anastassiou as saying.
But while Apple has committed to implement corrective measures that inform Australian consumers of the 4G incompatibility, the company told the court that putting advisory stickers on every new iPad packaging would be too much trouble.
Issuing notices on such manner would be 'cumbersome' for Apple, Mr Anastassiou said, though he added that sending clarifying emails to hordes of new iPad owners would not be a problem for the company.
However, Australian Competition & Consumer Commission (ACCC) lawyer Colin Golvan SC countered that Apple itself spawned confusion among local consumers when it insisted on going ahead with its existing marketing for the new iPad, which boasts among its new features breakneck internet speed via 4G connectivity.
"The (new) iPad should not be sold as compatible with the 4G network or by reference to the terminology '4G' ... as Apple does not have an iPad which would meet a consumer request for an iPad which operates using a SIM card in the 4G network," Mr Golvan told the court.
In addition, the ACCC informed the court that it sent two notices, before and after iPad's local debut, to Apple regarding the likely problem on iPad's 4G compatibility with Australian standards, both of which were simply met by denials of deliberate misleading by the tech giant.