[faeriechangling]

The biggest issue with this isn't even the nerfing, but just like with Adobe, it's the fact that Apple essentially forces all but their most savvy consumers to accept their anti-consumer updates.

If Apple simply stopped selling new devices that violated the patents and selling new nerfed versions, there would be no problem. The entire problem is forced updates.

[wahern]

Technically you are also violating the patent(s) merely by using an infringing product.

AFAIU, normally the patent rights holder couldn't recover damages from an infringer if the infringer didn't have notice. But I suppose it's possible that you now have notice, and therefore could be liable for statutory damages if you continued using the product, presuming Apple hasn't already updated your device.

(Also possible there's some other technicality saving you. I-am-not-a-patent-lawyer. But I know that with copyright such a scenario is possible even without actual notice. Copyright makes infringers out of everybody all the time. Not that people generally care or even should care. And not that it justifies automated systems that "helpfully" intervene. ;)

[rasz]

Force updating all devices Apple can argue in court there are no Apple devices infringing this patent in use thus they shouldnt pay as much.