The Promissão-SP Special Civil Court ruled in favor of the consumer who received macbook as a gift from my son-in-law, but was unable to use it due to an operating system failure. A Apple was sued to unlock and reinstall the system within 15 days.. According to the decision, the blocking was unjustified because the MacBook was not the subject of any commercial transaction, and the blocking of the system adversely affected the consumer’s property rights.

According to the case file, the equipment was delivered formatted to protect the former owner’s privacy. However, when trying to restart the system, the consumer was faced with the need to enter a password that was lost by the previous owner.

When contacting technical assistance, she was told that password recovery would not be possible without the original invoice for the goods. Despite Apple proving the donation of the MacBook, Apple refused to unlock it, claiming there was no proof of ownership on the invoice.

The judge considers it absurd to demand a bill for old goods

The judge understood that the company must present clear and specific arguments in support of the refusal to unlock the equipment: “And there is not the slightest beginning of such evidence in the case file. Under this logic, the respondent’s argument that an invoice must be produced to prove ownership of the product fails.“, – said in the verdict of Judge Luis Fernando Vian.

According to the magistrate, it is unreasonable to demand an invoice for goods purchased more than five years ago. “In addition, it follows from the documents that the plaintiff received the device as a gift and such a document was not disputed by the defendant.“, he stressed.

“With regard to forgetting the password, the respondent also failed to prove that the registered password actually existed. And if there were, then this would not be an insurmountable obstacle to copyright desires, since it is not at all plausible to imagine that someone can lose an electronic product simply by forgetting the password, which, ultimately, serves to protect user data in relation to to third parties and not to yourself“, he decided.

The court’s decision was favorable to the consumer and determined that Apple complied with the obligation to unlock and reinstall the operating system of the MacBook in question within a maximum period of 15 days. If the company does not comply with the order within the time limit, it will be liable for the consequences of losses and damages resulting from the court decision.

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Source: Crumbs

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