Then maybe Apple wouldn't need to send out a backdoor patch to underclock old devices. People that still want the long battery life the device had on purchase could go out and purchase a new battery (or attempt to force Apple to give them a new one) - those folks that are fine being tethered to a power outlet can choose to ignore the shortening battery lifespan. Either way, it'd move the decision into the hands of the consumer instead of Apple making that choice for you. And don't forget that Apple did get into trouble over their stupid underclocking "We hope no one notices that we don't allow people to repair things" patch.