The argument that customers should have been notified of functionality that strictly improves the usability of the product doesn't make any sense. How does extending the usable life of the phone (even if it is less powerful during the end of the usable life) making consumers more likely to buy new phones? Apple had acknowledged that old batteries could not drive the processor at the highest clock rate long before this became newsworthy. Like I said: if Apple pushed an update removing throttling it would lay bare just how absurd these penalties are.