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Apple Sued Over Failing to Provide All Episodes of 'Breaking Bad' Season 5 for Season Pass Purchasers
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I disagree, Apple is responsible for the content on their store and is responsible for accuracy in advertising since they take a 30% cut.
I am not saying that AMC is not at fault as well, but Apple definitely has a responsibility here.
When AMC submits "Breaking Bad Season 5" Apple has no responsibility to ask further questions of AMC as to their further distribution plans.
They can just start writing the contracts for longer seasons if they have to name them that way.
It's just a technicality.
i think the whole seasons thing is just getting daunting anyway. tv should really be expansive and subjective.
http://www.youtube.com/watch?v=P0ukYf_xvgc
http://www.youtube.com/watch?v=P0ukYf_xvgc
Apple store could use better labeling of what you Are actually buying.
I don't know how many songs I've bought from the store that I thought
Was the original artist only to find out I've bought a remake.
I hate lawsuits but if it wakes apple up so be it!
Wait a sec, I just got on this thread, haven't read the article yet. Are they seriously charging a full season for 3 episodes???
TBH Buying TV shows seems ridiculous. Charging an average of $34.99 for one TV show season is ludicrous taking into account how many shows people watch, it can add up to more than a full package cable subscription. Unless it's a ground breaking show I just delete it. Many cable based shows average 12 episodes compared to ~22-24 of primetime, yet charge the same.
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Wait a sec, I just got on this thread, haven't read the article yet. Are they seriously charging a full season for 3 episodes???
No. They divided up the season 5 into two equal parts. I suggested 13/3 as a way for Apple to avoid paying the attorney fees on the class action lawsuit. The attorney's fee is what this is all about isn't it?
It helps to read the article before posting.
I binge-watched all of Breaking Bad, through Season 5A, on Netflix.
$8 a month.
I'm now watching season 5B on AMC on DirecTV.
I feel no need to own any of the episodes.
$8 a month.
I'm now watching season 5B on AMC on DirecTV.
I feel no need to own any of the episodes.
Another Class Action Suit...
What I 'd like to know is how much the lawyers are paying this guy to bring suit. He gets a Million, the Lawyers split up Millions, and then everybody else gets $1.99? Sounds about right. Apple is not a content provider. They are a distributor. They can only distribute what the provider (AMC) gives them, but let's go after Apple they have deep pockets.
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The lawyers are paying him big money off the record to bring this suit.
Who brings a lawsuit for $22.00, when the lawyer is charging over a hundred per hour to file?
What I 'd like to know is how much the lawyers are paying this guy to bring suit. He gets a Million, the Lawyers split up Millions, and then everybody else gets $1.99? Sounds about right.
Apple is not a content provider. They are a distributor. They can only distribute what the provider (AMC) gives them, but let's go after Apple they have deep pockets. ----------
The lawyers are paying him big money off the record to bring this suit.
Who brings a lawsuit for $22.00, when the lawyer is charging over a hundred per hour to file?
No. They divided up the season 5 into two equal parts. I suggested 13/3 as a way for Apple to avoid paying the attorney fees on the class action lawsuit. The attorney's fee is what this is all about isn't it?
It helps to read the article before posting.
lol Yes it does, my bad.
Thanks for the info
Why? Why do you relieve Apple of all responsibility for not inspecting the product that they're selling? They're certainly in a better position than the consumer to determine whether AMC's product is what they say it is. If BestBuy sold a bunch of PS3's that didn't have a controller, they're not in a position to say, "tough luck, take it up with Sony." Apple's acting as a merchant, taking a fair bit of revenue, and is absolutely responsible for delivering what they're promising.
And if they give AMC control of the advertising of what the product is and then show it on iTunes, they're delegation of control does not alleviate them from responsibility to the consumers whom they are directly charging. AMC might be ultimately responsible, but Apple is still responsible to the consumers defrauded by their dereliction of duty. Apple can sue AMC about AMC's fault, but Apple is certainly liable to the direct consumer.
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Apple sold the entire season as part of the season pass. If AMC charge Apple separately or anything else is irrelevant.
The consumer has a contract with Apple. Apple have broken the terms of this contract. From reading the filing documents it seems pretty clear cut.
It is ridiculous that such an open and shut case has to go to court. The blame for this lies solely with Apple.
The consumer has a contract with Apple. Apple have broken the terms of this contract. From reading the filing documents it seems pretty clear cut.
It is ridiculous that such an open and shut case has to go to court. The blame for this lies solely with Apple.
I wouldn't pay Apple's prices full stop.
They make no distinction between a show with 21 or 45 minute episodes or between the episode value vs series length. It's cheaper to buy either the Blu-Ray or DVD boxset and just have to wait a while. I see no problem in downloading via filesharing just to see a show I wouldn't otherwise and then getting the boxset later on. As filesharing is so rampant, it's also forced most networks to stop the rediculous waiting time between US and European airing of their shows too.
It's made even worse by most shows having social media pages that start discussing plot points of episodes that aired only the day before in the US while everyone else has to wait. Breaking Bad is the perfect example of a massively popular show that's available internationally at the same time.
Supernatual for example has 22 or 23 episodes per season (16 the year of the writers' strike). Those episodes are on average twice the length of an episode of American Dad yet Apple charge £30.99 for a 16 episode season of American Dad in standard definition and it's £10 retail on DVD!
Supernatural Season 7 is £17.50 on DVD for all 23 episodes + extras but even worse, £70 for the whole first 7 seasons on Blu-Ray. Why would anyone with any common sense buy anything other than music from Apples iTunes Store when just season 7 is £30.99 or an obscene £40.99 in HD from Apple?
It's a rip off.
They make no distinction between a show with 21 or 45 minute episodes or between the episode value vs series length. It's cheaper to buy either the Blu-Ray or DVD boxset and just have to wait a while. I see no problem in downloading via filesharing just to see a show I wouldn't otherwise and then getting the boxset later on. As filesharing is so rampant, it's also forced most networks to stop the rediculous waiting time between US and European airing of their shows too.
It's made even worse by most shows having social media pages that start discussing plot points of episodes that aired only the day before in the US while everyone else has to wait. Breaking Bad is the perfect example of a massively popular show that's available internationally at the same time.
Supernatual for example has 22 or 23 episodes per season (16 the year of the writers' strike). Those episodes are on average twice the length of an episode of American Dad yet Apple charge £30.99 for a 16 episode season of American Dad in standard definition and it's £10 retail on DVD!
Supernatural Season 7 is £17.50 on DVD for all 23 episodes + extras but even worse, £70 for the whole first 7 seasons on Blu-Ray. Why would anyone with any common sense buy anything other than music from Apples iTunes Store when just season 7 is £30.99 or an obscene £40.99 in HD from Apple?
It's a rip off.
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Ridiculous! You're saying that Apple can't label 1st part and 2nd part?
Not too hard if you ask me.
I doubt Apple had any idea that AMC was doing this. AMC submitted "Breaking Bad Season 5." Seeing no reason to not approve, Apple approved.
If Sony sold a Ps3 package without a controller, meaning that Best Buy is not arbitrarily removing controllers from packages, Best Buy WOULD be in a position to tell the customer to take it up with Sony. Or just tell the customer they could exchange the product. This option is somewhat impossible for Apple.
Apple has no duty to find out what AMC plans to do for distribution of future episodes of Breaking Bad. The customer could have, but Apple does not have to. Apple breached no duty.
What you've written is legally nonsense- the contract was with Apple, and the iTunes store described BB Season 5 as including, among other things, all future episodes of season 5. Objectively, one was buying all of season 5, not just the first part, end of story- "we have no idea what someone else is doing in our store" is not a defence. If Apple chooses to allow anyone to edit whatever is "put on Apple's shelves", so to speak, that's Apple's problem; and if Apple want, they can sue AMC or whoever puts the info "on Apple's shelves" in a separate suit.
Since as you rely in false analogies with BestBuy (as I explained before: when one buys from BestBuy, they have the opportunity to inspect the package that they're buying, whereas with iTunes one buys a "promise" to have the future episodes delivered), I have serious doubts that BestBuy allows reps from Sony to walk around the store labelling their products.
At the end of the day, you look at who has the contract with whom, not who did the editing...
The Best Buy analogy was not my own, nor would Best Buy need to allow Sony reps to label their products within the store. A ps3 comes in retail box that is pre-labelled.
Apple could CHOOSE to give refunds, and that may even be the best course of action, but I do not at all think they are legally obligated to do that or provide the customer with more episodes. Apple does not get to dictate AMC distribution plans simply because they own the iTunes store.
I don't disagree that what happened was messed up, but it's not Apple's fault.
Furthermore, how familiar are you with Apple's iTunes store Terms of Use? I'm not very familiar with it, but I can almost guarantee it has safeguards in it for what happened here.
It IS kind of annoying to break up seasons like that. Doctor Who did the same thing this last season. Just call it seasons 5 and 6!
EDIT: Also: Harry Potter 7 Part 2! B****, call it 8! I don't care what the books are numbered!
EDIT: Also: Harry Potter 7 Part 2! B****, call it 8! I don't care what the books are numbered!
If the PS3 box said "includes everything you need to play games" and it was missing the controllers, action would still lie against BestBuy and not Sony, as your contract is with BestBuy.
Really? When you buy a car from a dealership and the car is not as described, does the action lie against the dealership or the car manufacturer?..
Whatever the terms might be, it would be for Apple to rely on them by way of a defence. In any event, most, if not all, common law jurisdiction do not enforce misrepresentation disclaimers save in very few certain situations.