Suit claims iTunes violates law.

[MacBytes]

Category: Apple Services
Link: Suit claims iTunes violates law. (http://www.macbytes.com/link.php?sid=20050105225616)
Posted on MacBytes.com (http://www.macbytes.com)

Approved by Mudbug

[jholzner]

Category: Apple Services
Link: Suit claims iTunes violates law. (http://www.macbytes.com/link.php?sid=20050105225616)
Posted on MacBytes.com (http://www.macbytes.com)

Approved by Mudbug

How ironic that Yahoo! is carrying this story :)

[MacFan782040]

How ironic that Yahoo! is carrying this story :)

i dont get it..


And he's not forced to buy an iPod... howbout you burn your downloaded music to a cd and then import that to your music player. Nobody is FORCING you to use the iTunes music store either...

DUMB

[nagromme]

I noticed this at MacMinute:

"The key to such a lawsuit would be convincing a court that a single product brand like iTunes is a market in itself separate from the rest of the online music market, according to Ernest Gellhorn, an antitrust law professor at George Mason University. There is legal precedent for such claims, but courts usually conclude competing products as viable alternatives, Gellhorn said."

In other words, if the guy couldn't use a DIFFERENT music store and thus work (more directly) with the non-iPod he so desperately covets, then he might have a case. Apple made a software-hardware system, controlled an entire market with it, and used one component (software) to lock out competitors trying to sell another component (hardware).

But that's not the case. iTunes is NOT the whole market. He COULD use a different store if he didn't like iPods (and couldn't tolerate burning CDs). Frivolous lawsuit.

The arguments made along the way could be fun, though... they might have to be about how non-iTunes stores are "not viable alternatives" :D

[Sun Baked]

Maybe the guy should buy a HP iPod. :p

As some people have said, you can use iTunes with MP3 players from other companies -- but only the Fairplay music won't work.

Then there are other people who would say, "Why would you want to use the other players?"

[Earendil]

Isn't this similar to saying that a DRMed CD doesn't play on my Mac, and so it forces me to go buy a PC? I mean, you can listen to iTunes songs on your computer, or burn a CD. If you must have an MP3 player you do have only one option, but that is true of EVERY market. If I buy a car stereo head and it only works on half the cars on the market, I aint gonna sue Kenwood for not making it work on every car, or even just a one car, I'll go buy a different head unit.

Perhaps I could see a case if Apple tricked costumers by at one point offering iTunes music to all players, and than pulling the cord and forcing people to suddenly use iPods. But they didn't do that. iTunes songs have always been for iPods, no questions.

Bah :)

~Tyler

[zulgand04]

when i found this story on yahoo, i could't belive it. It seems stupid, but looks like someone trying to make a few $$$. i dought it will lead to anything.

-Neal

[plinkoman]

BS

apple doesn't have a monoploy, if that person didn't want an iPod, he could have bought a dell, or a zen, or a gateway, or a samsung, or a rio etc...
can't use any of those with iTunes? well, he could use napster, or musicmatch, or wal-mart, or buymusic etc...

thats like sueing microsoft for forcing you to buy an x86 if you want to run windows...

[winmacguy]

this is what I love about the US legal system. You can sue anybody you want for the most stuipid things .
( you can do something similar in NZ but the legal fees alone would kill you)

[SiliconAddict]

Heh...I'll just repost from news.com:


I've always loved how people scream foul about the iPod and competition. In point of fact they are about as far away from locking out their competition as you can get. Lets look at this. Apple provides the hardware, software, and music (if you want.) They are are providing the whole package. Its not as if they are pulling a Microsoft by licensing Fairplay for X amount of money, making it the most popular codec on the planet and then jacking up the price. Nope they are just doing their own solution and telling others to go make their own solution and stop trying to weasel in on their product line.
This is where I personally am pissed at the people moaning and complaining. Apple created this entire infrastructure. Apple created the hardware. The music player. The store. And only now are companies and people wanting to horn in on their success. You don’t see this in their computer line do you? I too would tell anyone who came crawling to me to f-off.

As for this smuck. "was also forced to purchase an Apple iPod" LOL. I love it. So Apple "forced" you to use iTunes? Apple "forced" you to either go online or into one of their stores to buy an iPod?

Well thank god Music Match didn't get to you first and "force" you to buy a Dell DJ or Heaven help you if Napster "forced" you to get a Samsung Napster player.

Thank god it was Apple that got to him first with a loaded gun to his head because that is how they got their 80+% market share. They've "forced" all those poor people by gunpoint to get an iPod and use iTMS.
Pathetic.

[SiliconAddict]

Originally Posted by jholzner
How ironic that Yahoo! is carrying this story


i dont get it..




http://home.comcast.net/~jonnormand/yahoo.jpg

[autrefois]

Just how many lawsuits is Apple currently involved with?!?

Exclusive MWSF rumor:

Inside sources say Apple will introduce a new application called iSue, allowing users to keep track of all current lawsuits they file or which are filed against them.

The revolutionary software will allow you to connect to the iSue Legal Store, an online searchable database of all major court cases filed in the US in the past 200+ years, which you can download for $9.99 apiece. You can create "dockets" to store your favorite lawsuits, while "smart dockets" will automatically track ongoing lawsuits for you. Also included is a Microsoft Wordesque animated Gavel you can click on for legal advice.

The program can detect pirated Apple software on your computer and also monitors your incoming and outgoing communications for any breeches of NDAs. (Nick dePlume's pirated version of the iSue beta is what did him in.) You will automatically be notified via an iSue alert box of any pending lawsuits Apple has against you.

iSue and the American iSue Legal Store will be available immediately. The expected launch of European iSue Legal Stores is the year 2007, followed by a Canadian store several months later, while an Australian store is expected in early 2028.

[Fender2112]

Just how many lawsuits is Apple currently involved with?!?

Exclusive MWSF rumor:

Inside sources say Apple will introduce a new application called iSue, allowing users to keep track of all current lawsuits they file or which are filed against them.

The revolutionary software will allow you to connect to the iSue Legal Store, an online searchable database of all major court cases filed in the US in the past 200+ years, which you can download for $9.99 apiece. You can create "dockets" to store your favorite lawsuits, while "smart dockets" will automatically track ongoing lawsuits for you. Also included is a Microsoft Wordesque animated Gavel you can click on for legal advice.

The program can detect pirated Apple software on your computer and also monitors your incoming and outgoing communications for any breeches of NDAs. (Nick dePlume's pirated version of the iSue beta is what did him in.) You will automatically be notified via an iSue alert box of any pending lawsuits Apple has against you.

iSue and the American iSue Legal Store will be available immediately. The expected launch of European iSue Legal Stores is the year 2007, followed by a Canadian store several months later, while an Australian store is expected in early 2028.


That's Funny :D

[Chip NoVaMac]

this is what I love about the US legal system. You can sue anybody you want for the most stuipid things .
( you can do something similar in NZ but the legal fees alone would kill you)

Slightly OT; but a judge recently barred a man from filing future ADA (Americans with Disability Act) lawsuits in the future. It seems that he had over 20 or 30 lawsuits filed by him. And the judge felt that it amounted to extortion.

Correct me if I am wrong, but the iPod is locked out of some of the other music services, right?

[Chip NoVaMac]

Just how many lawsuits is Apple currently involved with?!?

Exclusive MWSF rumor:

Inside sources say Apple will introduce a new application called iSue, allowing users to keep track of all current lawsuits they file or which are filed against them.

The revolutionary software will allow you to connect to the iSue Legal Store, an online searchable database of all major court cases filed in the US in the past 200+ years, which you can download for $9.99 apiece. You can create "dockets" to store your favorite lawsuits, while "smart dockets" will automatically track ongoing lawsuits for you. Also included is a Microsoft Wordesque animated Gavel you can click on for legal advice.

The program can detect pirated Apple software on your computer and also monitors your incoming and outgoing communications for any breeches of NDAs. (Nick dePlume's pirated version of the iSue beta is what did him in.) You will automatically be notified via an iSue alert box of any pending lawsuits Apple has against you.

iSue and the American iSue Legal Store will be available immediately. The expected launch of European iSue Legal Stores is the year 2007, followed by a Canadian store several months later, while an Australian store is expected in early 2028.

Maybe not as far off as one would think. :eek:

[the_mole1314]

$10 says he's getting help from Real on his quest. :)

[Chip NoVaMac]

$10 says he's getting help from Real on his quest. :)

Now that is a smoking gun that I would love to see. :)

Though to be fair there are those that operate only out of their own greed. Sort of like the woman that took $100 off coupons to a car dealership. The dealer forgot to say that it was only one coupon per a customer. She bought enough papers to get the car for free (after the court case). I just hope that for people like this, St. Peter tells them what he told Bill Cosby in his skit about the VW going into the SF Bay, "You go to Hell".

[shamino]

I think I should sue the auto industry because I'm forced to buy a car in order to to use all that gasoline I buy every week.

[Chip NoVaMac]

I think I should sue the auto industry because I'm forced to buy a car in order to to use all that gasoline I buy every week.

Actually there could be a lawsuit against GM, if this guy wins against Apple. For in some of the GM vehicles you can not install a third party radio, since the factory radio is tied to the safety systems. Also a lawsuit could be filed against VW, since their radio systems are tied into the diagnostic systems.

[jholzner]

i dont get it..


And he's not forced to buy an iPod... howbout you burn your downloaded music to a cd and then import that to your music player. Nobody is FORCING you to use the iTunes music store either...

DUMB

Check out this link :)

http://macminute.com/2005/01/03/subscription/

[nagromme]

Ah--somehow it escaped my notice that MusicMatch is a division of Yahoo. No wonder Yahoo has been badmouthing iTunes. And to think they were once working WITH Apple :)

(I guess this means Yahoo won't ever getting around to adding a Mac Download link for their games... Many of them do HAVE a Mac version, but you'll only find a note on Yahoo saying the game is Win-only. :rolleyes: )

[chewbaccapits]

Are we as consumers of Apple products going to feel the expense of all these lawsuits? As it is, Apple products are pricey, it would SUCK if we needed to pay more.... :eek:

[Chip NoVaMac]

Check out this link :)

http://macminute.com/2005/01/03/subscription/

What is missing is that many of us have libaries of music available on CD already. And that in some cases will go to WorstBuy, WalBarf, YouAreThe Target to get CD's that are worth owning.

I can not see buying a "subscription" to the music I want to hear. Not unless I own that music till I decide to destroy it. Being over 45, I might have a different view of the industry. For if I pay for it, I want to listen to it.

[Chip NoVaMac]

Are we as consumers of Apple products going to feel the expense of all these lawsuits? As it is, Apple products are pricey, it would SUCK if we needed to pay more.... :eek:

Agreed, and how much is the RIAA behind this?

BTW: my pup, soon to be a "dog"; Chewey send props over your "nick".

[backupdrummer]

since I feel forced into buyin a Creative Micro Zen so I can listen to my music?

Can I sue Musicmatch/Yahoo because I am forced to buy a PC so I can listen to WMA files bought through thier service?

THis is really a silly, throw it at the wall see if is sticks law suit.

May he rot in hell.

[Chip NoVaMac]

since I feel forced into buyin a Creative Micro Zen so I can listen to my music?

Can I sue Musicmatch/Yahoo because I am forced to buy a PC so I can listen to WMA files bought through thier service?

THis is really a silly, throw it at the wall see if is sticks law suit.

May he rot in hell.

Since I haven't used any other service, I can not comment directly. But you hit on my point from what I understand about some of the other services.

[wdlove]

It just seems that another person is out for free money. As mentioned he's not forced to use iTunes in the first place. iTunes works on a Mac and PC. After downloading the music it can be burned to a CD and played anywhere. Maybe he thinks that Apple should make it available everywhere for him. he expects mommy treatment. :D

[balconycollapse]

Sounds like the Swift Boat Veterans for WMA. I know there is corporate espionage, and I wouldn't put it past Real, Microsoft, Napster or Creative ("declaring war on apple with advertising") to use smear tactics to win marketshare.

[Doctor Q]

MacCentral story (http://www.macworld.com/news/2005/01/06/slattery/index.php) on this.