Wait a minute. The price of the iPod is entirely independent of the price or availability of music of any format. The fact iTunes allows you to rip your own CD's or buy its then DRM crippled music in no way had any effect on the price of the hardware. Whether another format of music vendor could or could not put its music sales on Apple hardware when you need non-Apple hardware to originally buy it legally means the markets are discreet.
But the main point here is the lawsuit is based on a price claim as it relates to Apple's player, which for all practical purposes didn't rely on music sales AT ALL. The legal sales of tracks was pretty small during the time frame of this lawsuit filing and thereafter for years. The vast majority of folks were ripping tracks to iTunes/iPod. Even people who use DRM stripping software or techniques and ripped that content to CD's could then rerip them to iTunes and presumably to any other typical MP3 player as well.
I think there needs to be a friend of the court brief to address this logical fallacy of the primary theory on which this suit hinges.
Rocketman