“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 The other plaintiff, Melanie Tucker, was known prior to trial to not have an eligible iPod purchase and was withdrawn from the case Friday,” Statt reports.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