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Apple customers who purchased an iPod between September 12, 2006 and March 31, 2009 are being informed via email that they are being included in a class-action lawsuit filed against Apple in 2004. The lawsuit was granted class-action status by the courts last year and includes millions of customers who purchased any of a broad number of iPod music players. Notices are being distributed to customers covered by the class, directing them to the lawsuit's webpage.

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The class-action suit was filed in January 2005 by a customer complaining about the exclusive nature of Apple's digital music offerings encoded with FairPlay, preventing users from playing music purchased from the iTunes Store on other companies' music players and other music stores' digital offerings from being played on iPods. In particular, Apple's efforts to thwart RealNetworks' reverse engineering of FairPlay with its own "Harmony" technology served as the impetus for the lawsuit.

In 2011, then Apple CEO Steve Jobs was instructed to provide a deposition in the case. Apple of course no longer sells DRM-encoded music through the iTunes Store, but the lawsuit argues that Apple sought to build monopolies in the digital music and portable music player markets by integrating its products and services while preventing interoperability with competitors' products.
Three individuals who bought iPods have sued Apple seeking to recover money for themselves and other people who bought iPods. The lawsuit claims that Apple violated federal and state laws by issuing software updates in 2006 for its iPod that prevented iPods from playing songs not purchased on iTunes. The lawsuit claims that the software updates caused iPod prices to be higher than they otherwise would have been.

The Court in charge of the case is the United States District Court for the Northern District of California, and the case is known as In re Apple iPod iTunes Antitrust Litigation, C-05-00037-JW.
The list of affected iPods is extensive, including all 5th generation iPods; the iPod Classic; the U2 Special Edition iPod; first, second and third generation iPod Shuffle models; first and second generation iPod Touch models; and, first, second, third and fourth generation iPod Nano models.

Customers who wish to be excluded from the class must inform the court by July 30, 2012. Members of the class who wish register with the court can sign up on the lawsuit's website.

Article Link: iPod Lawsuit Against Apple Given Class-Action Status
 
I rather lose out on 5 dollars, and be done with it. Plus, we know who's getting rich out of this lawsuit, and it ain't you or me!
 
yay, i bought like 5 ipods that year as gifts for family. I love apple for always doing what they can to make things right.
 
I don't know if their be able to win, as it seems a little late to debate DRM in court. Also considering that Apple's new focus is the ipad, apple's ipods have been gathering dust with no worth while upgrades lately.
 
Sounds a little too opportunistic to me.. I don't agree with the DRM practice, but it's gone now.. No need to cash in a couple of dollars..

Pharmaceuticals have exclusivity to their drugs for a few years after they've hit the market.. Price of innovating products..
 
Can they even do that, informing people that "You are now part of a lawsuit". Surely they have to ask?
 
iPod Music

This suit is crap.
There was never any limitation that you could not play other music on your iPod. An iPod just didn't support other DRM. You could always rip your music and play DRM free music.

You could always play your music on other players by, burning a CD them re-ripping to MP3. The argument in specious because other players didn't support AAC encoded music at the time.

Plain bull.
 
I don't see how they have a case here. Is it any different than OS X being exclusive to Apple's computers?
 
I always assumed DRM on iTunes music was imposed by the recording industry, and not what Apple would have preferred. If that's the truth, it seems like this lawsuit shouldn't go much of anywhere.

Source: I used to watch Law and Order as a kid.
 
Two problems with the lawsuit, if their goal is to make Apple change:
  1. iPods play MP3 and AAC audio files (and a few other formats)
  2. Music sold on the iTunes Store no longer has any DRM
  3. Music sold on the iTunes Store can play on any device that supports AAC

There's no monopoly or lock-in in any of those three points. Apple will also probably point to the music industry as the reason why there was DRM in the first place.
 
Not sure what they couldn't play on those iPod's. Maybe another proprietary format, perhaps? Maybe complaining about lack of FLAC? There are hacks to allow even Ogg to be played. A little conversion here a little there and play away. Can I sue MS because not everything plays AAC? Go tech illiterate court system!!!
 
I always assumed DRM on iTunes music was imposed by the recording industry, and not what Apple would have preferred. If that's the truth, it seems like this lawsuit shouldn't go much of anywhere.

Source: I used to watch Law and Order as a kid.

That is why I don't get how this even got class status. Can't see how it will go anywhere. All Apple has to do is show their license agreement with the labels that stated that they had to put DRM on the music to sell it.
 
This is so dumb. Did anyone ever actually have trouble playing non iTunes music?

Actually the only thing my current iPod has trouble with IS itunes music... cuts 'em out half way through. Kind of annoying, but nothing I would sue over.
 
This from Real networks who once had the leading video streaming service, which itself was proprietary in nature too (You had to pay them to get a streaming server online, and in the beginning streaming clients were exclusive to their brand).

There were others that stole their Thunder too, but Apple was one of the leading when they came came along with the freely available Quicktime Streaming Server, and stole a lot of thunder from Real, back in the late 90s.

FWIW, I believe you were required to read licensing agreements on ITMS before you could even purchase a song. Unless they missed something at the very beginning, I think it was clear what you could or couldn't do with your purchase if one cared to read the agreement.
 
If Apple loses what impact will this have on movies, tv shows, and books with DRM in the iTunes store? Isn't there the exact same problem there?
 
Easier to stay in than get out

Easier to stay in than get out

How do I ask the Court to exclude me from the Class?
Answer:

To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail to: Apple iPod iTunes Antitrust Litigation, c/o Rust Consulting, Inc., P.O. Box 8038, Faribault, MN 55021-9438, stating that you want to be excluded from In re Apple iPod iTunes Antitrust Litigation. Your “Exclusion Request” must include your name and address. To be valid, your letter asking to be excluded from the Class must be signed and postmarked no later than July 30, 2012.
:eek:
Just shysters looking for a payday
 
Breaking news

In other news, a new class action lawsuit has been filed charging Sony with not letting Xbox users play Xbox games on their PlayStation systems.
 
iPod owners are included in the lawsuit without their written consent? Is this what is happening? Is this legal?

To be included: You are already included, if you want to money fill the easy and fast online registration form.

To be excluded: Write a letter in a paper and mail it by regular/snail mail.

You have to loooove class suit lawyers.
https://ipodlawsuit.com/FrequentlyAskedQuestions.aspx

How do I ask the Court to exclude me from the Class?

ANSWER:
To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail to: Apple iPod iTunes Antitrust Litigation, c/o Rust Consulting, Inc., P.O. Box 8038, Faribault, MN 55021-9438, stating that you want to be excluded from In re Apple iPod iTunes Antitrust Litigation. Your “Exclusion Request” must include your name and address. To be valid, your letter asking to be excluded from the Class must be signed and postmarked no later than July 30, 2012.
 
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