Apple punches holes in plaintiff’s purchases, asks for dismissal of iPod class action suit

“Apple filed for dismissal Friday of a long-standing antitrust case alleging it harmed digital music competitors and overcharged consumers for iPods,” Nick Statt reports for CNET.

“The reason? None of the plaintiffs in the case may have ever purchased any of those [allegedly] overpriced iPods,” Statt reports. “‘Because [the last remaining plaintiff in the case, Marianna Rosen made] no purchase of any allegedly affected iPod in the class period, she has suffered no damages and thus lacks standing under Article III of the United States Constitution,’ Apple’s lawyers wrote in a court filing Friday proposing an order granting its motion to dismiss.”

“It is required by law that a plaintiff suffer injury to bring a class action antitrust case to trial. Rosen doesn’t fit the bill, Apple says. The other plaintiff, Melanie Tucker, was known prior to trial to not have an eligible iPod purchase and was withdrawn from the case Friday,” Statt reports. “If the plaintiff’s lawyers are not able to provide evidence that Rosen purchased an affected device, there is the possibility that they could substitute in a new affected plaintiff or expand the class to a wider time frame to make Rosen’s other purchases eligible.”

Read more in the full article here.

Related articles:
Apple’s Eddy Cue explains why DRM for music was a necessary evil – December 5, 2014
Apple iPod judge asks if lack of plaintiff dooms trial – December 5, 2014
Apple on trial: Were iTunes updates really an anti-consumer scheme?
Steve Jobs on RealNetworks in 2011 deposition: ‘Do they still exist?’ – December 3, 2014
Steve Jobs said Apple took pains to protect record contracts – December 3, 2014
Star witness in Apple lawsuit is Steve Jobs – December 1, 2014
How to kill the DRM in your old iTunes Store music purchases – March 18, 2014
Apple asks judge to dismiss FairPlay lawsuit following Steve Jobs’ deposition – April 19, 2011
Apple’s iTunes Store goes DRM-free and 3G via iPhone; variable pricing coming soon – January 6, 2009
Major music cartels demand concessions from Apple before inking DRM-free iTunes Store music deals – December 15, 2008
RealNetworks ‘Harmony’ stops working on iPods but nobody notices for a month and a half – December 15, 2004
Real’s online petition for music ‘freedom’ backfires bigtime – August 17, 2004
Real cracks Apple’s Fairplay; to sell iPod-compatible songs without Apple’s authorization – July 25, 2004
Jobs to Glaser: Go pound sand – April 16, 2004


  1. Did other see this?

    “Apple also attached a receipt showing that the iPod Touch was purchased by Ms. Rosen’s husband’s law firm, not the plaintiff herself.”

    Oh, this just gets better and better. Now if only Apple could sue the shit out of “Mr. Rosen” and his so-called law firm for fraud and and reimbursement. Just made my day.

    1. Yup. This is nothing more than a law firm creating a case to gain big money in a class action settlement. The judge should deny them any opportunity to substitute a plaintiff, because obviously the law firm knew well in advance (before the case was even filed) that the iPod was not purchased within the time frame necessary.

  2. Is it possible that no weighs the merit of this class action complaint BEFORE taking on the court & plaintiff & defense time billing expenses?

    Someone should be made to pay, specifically the unprepared complaint lawyer[s]!

  3. A doctor makes an error…that’s a law suit.

    An engineer makes an error…another law suit.

    An ordinary citizen makes an error…you guessed it…law suit.


    A lawyer convinces someone to sue for damages and makes an error…they get a pass.

    What’s wrong with this country????

  4. Wow, this is great, Apple quoting the constitution. I guess they must have a roll of it handy in the imperial bathroom.

    Check out what the lawyers could do, they could find a new affected plaintiff to keep the case going. I certainly think G.W. Bush and Colin Powell would be great candidates. Does anyone remember their great whine to the UN—>Whaaaaaaaaaahhhh Iraq has weapons of mass destructions…Whaaaaaaaaaaaaaahhhh we need the UN to endorse us….Whaaaaaaaaaaaaaaaaaahhhh screw the democratic process of a vote, we are going in all guns blazing….Mission accomplished.

    Oh my gosh, what am I saying, Apple would not stand a chance against whiners like that.


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