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IJ Reilly

macrumors P6
Jul 16, 2002
17,909
1,496
Palookaville
You don't have different markets if the goods can be substituted for each other. Dishwashers and washing machines are different markets: If I need a dishwasher I can't buy a washing machine and use it as a dishwasher. Downloads and CDs are the same market: If I download a record, I'm not going to buy the CD anymore, and if I have the CD, I'm not going to buy a download. Therefore, no separate markets.

The argument that digital downloads aren't a definable market is a long shot. I'd have to look at Apple's response to the complaint again, but I'm pretty sure they aren't even trying to go in that direction. I believe they've accepted the definition of the relevant market.

By default, you have _no rights at all_ to make copies of music that you bought. So if Apple didn't negotiate for you to get you the right to play the music on a non-Apple device, they didn't do anything to hurt their competitors. They just didn't spend time and money on helping their competitors.

That again is questionable. In previous digital media copyright cases, the basic principle of fair use was preserved for buyers of copyrighted materials. They can make copies so long as the copies are for their use only.
 

kingtj

macrumors 68030
Oct 23, 2003
2,606
749
Brunswick, MD
Nah....

I don't know that I agree with the lawsuit's merits. It might not be something you'd be HAPPY about, that your music player was tied to the music service designed by the same company that built the player. But it doesn't seem to me like there's anything ILLEGAL about such an arrangement?

I have a Sony PS4 that won't allow playing your MP3 or other music files off of USB memory sticks anymore (the PS3 used to do it). Until/unless they change things with a firmware update or add new apps, it's currently allowed to only play music offered by Sony's own subscription based music streaming service.

Again, annoying but not really illegal to do.


I have to say, its not altogether implausible that someone could make a mistake on purchase dates, if you asked me when I purchased an iPod, I could probably get it within a year. Though this is a court case, it would have made more sense to get a few more plaintiffs before going class action imo.

Also, I actually agree with the merits of the lawsuit, it sucked that apple made it nearly impossible to use a rival music services songs on a music player. its akin to making a cd player that only plays sony brand CDs.
 
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