View this article at: http://dev.macnn.com/articles/07/11/07/ipod.itunes.lawsuit
Wednesday, Nov 07, 2007 12:25pm
Apple sued over iPod/iTunes...
Apple's legal woes are being compounded by a newly-launched class-action lawsuit, court documents reveal. A 19-page filing was originally submitted to a Florida court in August, but the case is just now seeing the light of day after having been moved to the US District Court for the Southern District of California. The venue change was requested by Apple, which argued that similar cases have been pending in the California court for more than two years. The latest incarnation was brought about by Floridian Frederick Black, who alleges that he and other state residents have been made victims of Apple's music DRM protections, according to AppleInsider.

The difficulty is that while iPods can play non-Apple music, and DRM-free tracks are available via iTunes Plus, shoppers who buy standard tracks from iTunes will find they cannot load the tracks on other music players. Black claims that this violates Florida's Antitrust and Deceptive and Unfair Trade Practice Acts, since people switching from one iPod must either buy another or repurchase their music collections elsewhere. Alternatively, says Black, Apple could choose to finally license its Fairplay DRM scheme to other companies, or incorporate support for Microsoft's Windows Media format into its own technology. Should that not be appealing, an unspecified, industry-wide copy protection scheme could be adopted. Apple is further accused of using underhanded tactics, such as intentionally disabling the little-known Windows Media support on earlier iPods, or using its economic clout to influence third-party content providers. "[Apple], by controlling such a large part of the portable digital media player market, the online music market and the online video market, maintains sufficient economic power in these markets to control consumer pricing in these markets, which has resulted in consumers paying higher prices," reads Black's filing. The company is a monopoly in digital media, says the lawsuit, actively excluding competitors from the industry. Should Black win his case, he would be granted damages of at least $15,000, and possibly triple that, plus legal fees and relief suggested by the court. A jury is being requested.