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The Korean High Court has ruled that Apple is liable for 'Batterygate,' setting a legal precedent

10.0z Patently Legal

A Seoul court partially accepted a damages claim filed by Korean iPhone users for purposely slowing down the performance of their phones in a controversy known as "Batterygate," marking one of the first payout decisions outside of the United States.

The Korean news report noted that the court explained that Apple breached the notice obligation and caused emotional distress for its consumers as it failed to inform iPhone users of the fact that an update of the iOS operating system could entail the underperformance of a phone’s battery.

Hannuri, a Seoul-based legal representative of the class action suit, said that it is the first case in a court formally recognizing Apple’s responsibility linked with the batterygate scandal. 

“Ever since the scandal broke in December 2017, multiple damage claim suits erupted,” the law firm said in a statement Wednesday. 

“But it seems that the result marks the world’s first case where a court formally holds Apple liable for the Batterygate, although the payout decisions made in the U.S. came from settlements,” it said.

The Korean high court cited “a significant discrepancy between Apple and its consumers over the information about the impact of the software update,” but did not recognize the claim that the update led to the material damage of the devices. 

 If Apple heeds the ruling released by the Seoul High Court on Wednesday, the smartphone maker will pay seven customers a combined 490,000 won (US$373) — 70,000 won for each. The plaintiffs sought 200,000 won each. 

As negligible as the payout might seem, future plaintiffs could use the result as a reference point against the U.S. tech giant – because this is now a legal precedent, something that Apple tries to avoid at all costs. 

Apple remains tight-lipped about whether it will make an appeal or settle, only stating some vague principles. 

Apple Korea said in a statement: "We have never — and would never — do anything to intentionally shorten the life of any Apple product, or degrade the user experience to drive customer upgrades. Our goal has always been to create products that our customers love and making iPhones last as long as possible is an important part of that."   

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