SPECIAL REPORT: Commitment issues You’ve paid good money for a new tech product, so why should the company abandon support for its services after just a couple of years? icture a world where every time you wanted to use a new piece of software, you’d have to buy a new computer. You’d be outraged. Yet this is exactly the sort of situation that P manufacturers have left consumers in when it comes to internet-connected smart TVs, and even tablets and smartphones can be left without support. You might spend hundreds or even thousands of pounds on a tech product, but some manufacturers would rather you spent all over again on a shiny new version instead of keeping up the support needed for their older models. PCs on older operating systems can be stranded without support; perfectly good smartphones can be forgotten in software updates, and smart TV apps can simply vanish altogether. Which? believes that the big tech companies are suffering from commitment issues, and it’s time for a change. Consumers have every right to a reasonable lifespan for the products they buy, and we believe that this should extend to support for the services these products are marketed with in the first place. Support dries up Of course, there’s nothing wrong with manufacturers improving their products and services every year – this sort of innovation is what makes new technology so exciting, after all. But it can all too easily come at the expense of legacy customers who still own older products. At times, brand loyalty can fail to be a two-way street. If you buy a smart TV, you’re putting a lot of faith in the manufacturer to give you a quality product that will deliver on all the boasts of its advertising. Yet within a year, the manufacturer could be saving its boasts for the next generation of its smart TVs, lavishing them with new services while leaving older models – EUGENIO FRANCHI 4 June 2014 which.co.uk Investigation Commitment issues and the customers who bought them – unloved unable to take advantage of some of the latest and unsupported. features, such as Siri voice control, or some of the Even fairly recent products can succumb to latest apps that require iOS 7 to run. If you buy fleeting life spans. Last year, we were contacted an Android smartphone or tablet from any brand by Which? members with Samsung and LG smart other than Google, there’s no guarantee of updates TVs that had been purchased as recently as 2010 to newer versions of the Android operating system. and 2011, outraged after they’d lost access to the Recently, Microsoft triggered an outcry after it hugely popular LoveFilm app (now called Amazon stopped security patch support for Windows XP, Prime Instant Video). Since such online streaming forcing millions of customers into potentially services were one of the reasons they’d bought these unwanted PC upgrades. While this move has had TVs in the first place, many were left in disbelief a huge global impact, Microsoft had at least kept Expert’s view that they were losing out on apps so quickly. up XP support for over 12 years since the operating Whenever a TV manufacturer updates its smart system launched. Plenty of manufacturers offer Peter McCarthy Senior lawyer TV range, the whole operating system may change, significantly less long-term commitment than this. and that means entirely new coding is needed for the apps running on it. Since manufacturers pay Consumer law catching up Where do you stand licenses to host apps such as BBC iPlayer or Netflix, The manufacturers blame the app providers, the app if a product you bought they may choose to only cover app licenses for providers blame the manufacturers, and the retailers is still in perfectly fine their newer products, and not their older ones. blame everyone but themselves. Yet in the middle of physical condition, but It’s not just a matter of keeping existing apps this, consumers can lose out. Since the product itself the digital services and going, either. New apps and services launch all the hasn’t developed a physical fault, it’s a grey area for support that are key to time, but there’s no guarantee your existing tablet, consumer rights. For instance, if your product can’t its functionality should smartphone or smart TV will be able to access receive upgrades, preventing it from accessing new suddenly disappear? them. Say you fancy watching Netflix, ITV Player services, then you can’t claim for a breach of contract The Sale of Goods or 4 On Demand on your smart TV that’s a year or if there was no original indication that it could be Act, 1979, states that two old. If these apps weren’t around when you first customers can argue bought the set, there’s little chance they’ll ever be that a retailer is in made available to you. To get the latest services, you We’ve challenged some of breach of contract if a could end up spending on new equipment yet again. product doesn’t work the biggest names in tech as long as it could Big names, little commitment to offer real commitment reasonably have been Some of the biggest names in the technology expected to. You could industry can fall short when it comes to committing argue that this covers to older products. Apple regularly updates its iOS upgraded. But if it loses features that it had when you not just physical faults, operating system for iPads and iPhones, and this bought it, you may have stronger grounds to claim. but also where software is now on iOS 7. But if you’re a 2009 iPhone 3GS The Sale of Goods Act, 1979, lets customers argue isn’t up to standard owner, or a 2010 (first-generation) iPad owner, that a retailer is in breach of contract if a product or is withdrawn, thus you’re left stuck on a limited version of iOS, doesn’t last for a reasonable lifespan, and you might taking away functions reasonably expect a brand new TV to last for at least that the item once had. five years. Which? has campaigned hard over the Currently, some legal years to make sure that the protection consumers principles from the deserve is enshrined in law. But new technology 1970s are being used to moves at a rapid pace, and we believe that consumer govern consumer rights legislation needs to keep up with digital changes. over 21st-century digital A new Consumer Rights Bill is being debated products. The good in parliament, and Which? has been consulted on news is that consumer its development and wording. The new Bill will, for law is becoming clearer, the first time, provide consumers with rights specific and the new Consumer to digital content, both where the product is entirely Rights Bill will expressly digital (such as a download) and where a physical state that where a good contains a digital element (such as a satnav physical good includes system with maps). It also provides rights where a digital element that software updates or upgrades cause problems. develops a problem, The law is keeping pace with consumer rights then the physical item around digital products, and we believe that the itself can be argued big manufacturers need to do the same. That’s why to no longer be of we’ve challenged some of the biggest names in tech satisfactory quality or to offer some real commitment to their customers, fit for purpose. That’s Licenses for the services used to promote a smart guaranteeing that their products will be continue essential protection in EUGENIO FRANCHI TV may not be maintained by the TV manufacturer to be supported for a realistic lifespan (see p7). this digital age of ours. which.co.uk June 2014 5 Support vanishes for £1,400 system When a service is would miss out on some Which? steps in dropped from a product of the app’s functions, Sonos has since agreed that’s otherwise in as these iPads couldn’t to get in touch with Mr perfect working order, update to Apple’s latest Hill directly to resolve a consumer can be left operating system, iOS 7. his issue. It advised trapped in the middle Mark will now lose some us that any customers of several parties who of the iPad controls that who are using the first won’t take responsibility. drew him to the Sonos. generation iPad will That’s exactly what continue to enjoy some happened to Which? Zero support functionality, but later member Mark Hill. It’s a classic case of this year will not be able In November last year, the consumer being to update to the latest Mark spent over £1,400 left in the middle when Sonos Controller app. in John Lewis on a new technology services dry ‘We absolutely agree Sonos wireless audio up. Mark’s system hadn’t with Which? that apps system after being developed any physical and services should be wowed by an in-store fault he could demand supported for as long demonstration of how it a refund for, and John as possible,’ Sonos told could be controlled with Lewis’s explanations us. ‘We also believe that an iPad. Mark owned about its functionality customers who bought a first-generation iPad, were true at the point our products many years and there was every of sale. Matters out of ago should be able to indication at the point John Lewis’s or Sonos’s operate them with the of sale this would work.