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VIRTUALISATION Judge says no to iTunes class action
VIRTUALISATION Judge says no to iTunes class action | Judge says no to iTunes class action |
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| by Stephen Withers | |
| Friday, 14 August 2009 | |
  
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The action dates back to November 2005. At that time, iTunes Store tracks were protected with Apple's Fairplay DRM which prevented them working on other portable music players, or on PCs running software other than Apple's iTunes. Similarly, other online music stores only offered tracks protected with Microsoft's Windows Media DRM, which do not work on the iPod. This overlooks the possibility of using the iPod with music ripped from CDs, or using iTunes to burn Fairplay-protected tracks to a CD which could then be ripped and used with another type of portable music player. Part of Somers' case was that the hardware inside the iPod was capable of playing WMA files, but that Apple had deliberately written the software so such files would not be playable. According to Rae Theodore, writing in FindLaw, Judge James Ware found Apple's expert witness to be more credible than Somers', and said that Somers had "failed to provide a reliable method to show common damages across the class." That's not the end of the story, as the judge has yet to rule on the certification of an injunctive relief class. Even if Somers' move for a class action fails completely, the case could still continue on an individual basis, which would mean the judge would have to decide on the complaint itself. But without the potential payday that comes with a class action victory, will Somers' lawyers be prepared to continue with the case unless she agrees to foot the bill? |
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