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Topic: The iTunes-deleted-my-music class-action antitrust lawsuit (Read 3345 times) previous topic - next topic
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The iTunes-deleted-my-music class-action antitrust lawsuit

Popcorn hour:
http://blogs.wsj.com/digits/2014/12/03/app...rom-users-ipods
http://money.cnn.com/2014/12/02/technology...obs-deposition/
First deleting the user's music, then replacing it by U2? 

Apple's response:
http://online.wsj.com/articles/judge-quest...case-1417734307

(Your honor, we assume these iPods were also downloaded from Real or the Pirate Bay together with the files ...   )

The iTunes-deleted-my-music class-action antitrust lawsuit

Reply #1
I don't think this case will go very far to be honest.

First of all the plaintiffs might have started a suit against the wrong company. They've bought the files from RealNetworks who used a hacked DRM scheme to trick iPods into thinking the files were bought in the iTunes Store. When Apple got wind of the hack they closed it and so after an iPod clear and restore these Harmony DRM files were not restored to the iPod. The plaintiffs should probably be suing RealNetworks for selling them files that were supposedly compatible with the iPod while they weren't. In fact, the files RN sold could probably only be played on iPods. If RealNetworks had sold regular MP3's or AAC's without DRM this wouldn't have happened of course as files without DRM were restored to iPods after a restore.

Secondly, it has now transpired that the iPods that the plaintiffs had were sold after Apple dropped its DRM scheme and so could not have been involved in this. To make a realistic claim they now need to look for people that could have been affected. The judge remarked dryly: “I am concerned that I don’t have a plaintiff. That’s a problem.” http://www.theverge.com/2014/12/5/7339289/...sal-drm-lawsuit
Every night with my star friends / We eat caviar and drink champagne
Sniffing in the VIP area / We talk about Frank Sinatra
Do you know Frank Sinatra? / He's dead

The iTunes-deleted-my-music class-action antitrust lawsuit

Reply #2
They've bought the files from RealNetworks who used a hacked DRM scheme to trick iPods into thinking the files were bought in the iTunes Store.


There are about as many lawyers as there are imaginable claims, so I would certainly not be surprised if one like this would be factually and/or legally baseless, but what you describe here is, I suppose, the antitrust hinge. Kinda like if a Microsoft Update should delete Netscape.

Back in the ancient times one would be ridiculed completely over a hard drive bundled with a license term of "only to be stored with files authorized by us". Nowadays people willingly pay for pocket computers "only to run commands authorized by us". Freedom is slavery. Ignorance is strength. (And, don't be evil.)


The iTunes-deleted-my-music class-action antitrust lawsuit

Reply #3
I'm not sure if this case has any legal standing, but I'm also not a lawyer. I am a techie however, so I feel comfortable saying this is yet another example of why vendor lock-in should be avoided, whether you're being locked in to Apple, Real, or anyone else's systems.

The iTunes-deleted-my-music class-action antitrust lawsuit

Reply #4
Terrible reporting by CNN:

Quote
In 2004, RealNetworks developed an iTunes rival called Harmony that let people download music that could be played on any MP3 player -- including the iPod.


Really? They were selling un-DRM'ed MP3? Real-goddamn-Networks.