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Buying iPad with OS 3.2? You'll get 4.0 for free, but 5.0 will cost you!

By , Monday, Mar 29, 2010 at 9:38 pm
28

iphone40

MacRumors got a look at the licensing agreement and noticed the following little gem with regards to free (like iPhone) vs. paid (like iPod touch) updates:

Apple will provide you any iPad OS software updates that it may release from time to time, up to and including the next major iPad OS software release following the version of iPad OS software that originally shipped from Apple on your iPad, for free. For example, if your iPad originally shipped with iPad 3.x software, Apple would provide you with any iPad OS software updates it might release up to and including the iPad 4.x software release. Such updates and releases may not necessarily include all of the new software features that Apple releases for newer iPad models.

In other words, if you get the 1st gen iPad with iPhone 3.2 on it this weekend, you'll get iPhone 4.0 for free sometime later this year (we hope!) but will have to pay for 5.0 sometime in 2011. (The last iPod touch upgrade was $10 -- not as nice as free but well worth it given the functionality added).

What do you think, fair or foul?

Rene Ritchie

Editor-in-Chief of iMore, Executive Producer at Mobile Nations, co-host of Iterate and ZEN and TECH, cook, grappler, photon wrangler. Follow him on Twitter @reneritchie

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  1. iMuggle says:

    5.0 in 2012? What? You mean 2011?

  2. TEHKI says:

    sounds reasonable

  3. zeagus says:

    Totally expected and fine.

  4. JKK says:

    It's reasonable, but I assume you mean 5.x in 2011, right?

  5. Vic says:

    Isn't there some kind of legal basis for charging for software updates? Something about adding substantial increases in fuctionality blah blah something something?

  6. smchrist2 says:

    2012?!!!!

  7. jb says:

    if your not paying a monthly fee you shouldnt get the update for free

    im more than willing to pay for a significant upgrade

  8. Pete says:

    I also hear the next iPhone will not have a camera, instead you can buy a camera connection kit or $30.... Lmfao

  9. MrAnonymous says:

    You know how I know you trollin'?

  10. Grant says:

    Ugh, I thought they changed the accounting rules that made the iPod Touch upgrade fee necessary, but those don't kick in till next year I guess. http://www.ilounge.com/index.php/news/comments/fasb-approves-proposed-accounting-rule-change/

  11. Keith says:

    I wonder if free upgrades for the iPhone have anything to do with legal issues surrounding the cellular portion of it? You know, stability, security, etc. The government looks at any telephony as an essential service for the purpose of dialing 911.

  12. Ben Drucker says:

    Sarbanes Oxley...

    This was rehashed several times with the iPod Touch. Apple doesn't want to force people to pay for the upgrades, but it has to. A free 4.0 upgrade would be a special case. It's just like the $2 for enabling 802.11n a few years ago. Apple isn't earning much money on it. It's an accounting thing and the upgrade regardless is worth $10 without question.

  13. Wesley says:

    People say the iPad is just a big iPhone. Wrong, it's obviously a big iPod Touch.

  14. dave01568 says:

    any firmware attached to a yearly contract should be free

  15. CJ says:

    I don't get it with all you Kool-Aid drinkers. The iPad is nothing more than an over-sized iPhone without the phone. Updates on the iPhone are free but you are willing to pay for the same/similar updates on the iPad? You people are nuts!

    A fool and his money are soon parted.

  16. Tape says:

    it doesn't say that they WILL charge you for 5.0, just that they definitely will not charge you for 4.0.

  17. Gino from the Bronx says:

    Cj you will be buying an ipad soon.

  18. Stephen says:

    Charge for upgrade? That's too easy to get around. DL ipsw and shift click restore.

  19. SheiknetChris says:

    CJ--you've never paid for software upgrades for Windows or Mac OS? MS Office? Adobe products?

    Apple considers these platforms. They work on regular releases and on bringing more features on a regular basis, just like many commercial software products (except Android and ChromeOS which earns money in targeted advertising).

    Just like any upgrade, you don't HAVE to do it. Your software (for example Windows XP, Office 2003, Photoshop CS3, Madden 08, etc.) will continue to work even after new versions (again, Windows 7, Office 2007, CS4, Madden 2009 etc...) come out.

    In any case, Apple isn't threatening to detonate all the iPads if the KoolAid Drinkers (brilliant flamebait, har har) don't fork over for upgrades. But you are too busy trying to get something for nothing so it is unlikely you'll even still be reading this.

  20. SellWeek says:

    Look at the iPhone EULA. It's also there.

  21. OSX User says:

    You know I can understand paying for an OS upgrade like from Windows XP to Vista to 7.... because they add new features and its completely new... But APPLE is adding COPY and PASTE ! COME on..I remember when the iPOd touch 1st Gen came out ... I bought it in December and in January Apple rolled out the update that added the Mail, Stocks, and other crap that should of been on there in the first place and back then they charged $20 ! ...... just a couple of weeks after the holidays when so many people had bought the iPod Touches... Apple keeps saying its because of accounting bull crap.... if thats the case why not just charge $1..... 2.0 Brought the APP Store... which just makes them more money but they are charging us money to make them more money.... 3.0 just brought copy and paste... Things that should of been there back in 2007 ! ! ! ! Apple needs to stop dicking its customers around.....

  22. impaler says:

    I have never owned a iPod touch, so I've never directly paid for iPhone OS updates. I guess I can understand why this is done--the updates take time to code, to work on, and time to perfect. That work should be accounted for and rewarded. I would be interested to see exactly what the reasoning is, for charging for upgrades. I get why Android updates are "free"...it's a ad-supported model.

  23. Orangensaft says:

    Hmm.. so it's prolly a given that iPad G2 will have front facing camera. Well, by that time I'll probably have a Daring Fireball iPhone G4 so it won't matter :)

  24. Freiteez says:

    I think it's fair. Maybe 5.0 will have iChat so the first gen ipad will be behind if that happens

  25. Luc Richard says:

    I have always hated that apple charged for updates and will never buy one. I pirated 3.0 for my touch 2nd gen and will do it again if I have to (probably won't).

  26. GRmatt says:

    what Stephen said ;)

  27. Mitchell says:

    As long as 4.0 update has multitasking and the missing apps such as voice memos is added I'm happy and I'm willing to pay. You could download the firmware for free

  28. deviladv says:

    @OSX User

    Everyone knew that the original iPhone didn't have copy and paste. If you didn't like that fact, then don't buy one. Apple isn't dicking around with it's customers if it tells you up front it doesn't have something and then you get pissed because you bought it and it doesn't have it. It's like a salesrep telling you up front the car doesn't have air conditioning, then you buy it, and come back complaining it doesn't have air conditioning. Sure you can complain that it's stupid to not have air conditioning in a modern car, but then again you would be stupid for buying such a car if you lived in Florida, wouldn't you?

    @comments about Sarbanes-Oxley Apple gave an overly simplified explanation of the issue with OS upgrades. Apple wants to perform accounting in a specific way, and Sarbanes-Oxley limits them a bit, like it does with any other large company, to specific methods. To clarify, Apple could charge for the OS, and use one method, or not charge for it, and use another method. Without getting into detail, the second method in general takes more time and effort and is probably more costly in both manpower and dollars to implement. They could have chosen a third method years ago, but that third method is not allowed under sarbanes-oxley. It's basically a choice between two costs and one was simply too much to bear. They could offer free upgrades, but saying they are 100% tied by sarbanes-oxley is a bit of a misnomer. The government does not say "you must charge X money for your product" the government merely says you have to properly record your business in your books and you must do so in a certain way.

    They are able to offer iPhone's free upgrades because they can push those upgrades into a different category since they are part of a rolling contract.

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