Apple hit with another class action

Apple is facing another class action suit, this one from a man in Florida who alleges Apple is trying to create a monopoly in digital music by illegally tying iPods to its iTunes music service. The case is brought on behalf of all Florida residents who have bought an iPod or music from iTunes. The case will now be heard by a …

[sektah]

He might have a point...

...if it wasn't for the pesky fact that he can burn iTunes tracks onto audio CD and happily play them anywhere.

[Rob]

please, please, please....

let it be successful so that that Apple have to build in the option to untie it from iTunes, I'll immediately go out and buy 2 iTouch's.

[Lewis Wernham]

I must have missed the update…

…that prevented iPods from playing MP3s. Also, my current version of iTunes must be broken as it seems to be able to rip my own CDs.

[Anonymous Coward]

... and might have a point ...

... if it wasn't for the fact that a lot of the tracks (I think it's something like 2 millions by now) are already unprotected and therefore not tied to the iPod.

Oh man, I think I'll sue Nestle for forcing me to buy the Nespresso coffee capsules when I buy a Nespresso machine ...

[JL]

What is going on with this world.

I dont get it!!! Why can't a company make an application/system without a law suit? If this guy has a problem, buy another MP3 player (there are plenty out there). The same goes for people complaining about Microsoft and it dominance!!!

If a company invents a product and becomes the dominant player in that area, why should they have to give in to the competition commissions around the world? Bill has worked hard to get MS where it is and if people buy their product to line their pocket then that is personal choice.

What a mad mad world we live in!

[John Prew]

Hmm

So his argument hinges around a monopoly because his iPod uses iTunes and that's a monopoly on digital music. Guess all those other sources of digital music and alternative mp3 players must be a figment of my imagination.

It's an annoyance that iPod's use such proprietary software and make life difficult, and of course iPod now is almost synonymous with MP3 player. Perhaps if he was so worried about Apple creating a monopoly, he should of bought a different player?

[Anonymous Coward]

Erm?

"illegally tying iPods to its iTunes music service"

So... he's obviously not aware that you buy music on CD from anywhere and rip it to play on iPods, or buy music downloads from any non-DRM'd music store such as Amazon, eMusic, (cough *MP3Sparks*), etc. which will also play fine on iPods.

Nor is he aware that, where allowed by the labels, Apple sells non-DRM protected tracks that can be played on hundreds of non-iPod devices.

Then there's also the fact that there are also hundreds of other digital audio players he could choose to buy if he doesn't agree to iTunes way of working...

Idiot!

[Anonymous Coward]

@Rob

Apple don't sell an "iTouch". Buy an iPod touch instead... 8-p

I think this class action is pointless. It is a pre-requisite of the iPod that you use iTunes to manage it (although there are other applications that will manage it). No one forces you to buy an iPod, and when you do buy an iPod you must use iTunes. You're told this up-front. It's on the iPod pages on Apple's website.

When you buy a Hoover vacuum cleaner that uses bags, you have to use Hoover-branded bags (although there are generic bags available). No one forces you to buy a Hoover vacuum. Where's the class action lawsuit for that?

[Richard Hesketh]

Reality Check

Erm - what's to stop the user going to any other web-based music store in their web browser & downloading MP3s which they can subsequently drag & drop into iTunes?

The fact that the iTunes app itself only connects to ITMS does not constitute a lock-in. This is a ridiculous suit & any reasonable judge ought to throw it out with very little deliberation required.

With regard to liberating iTunes material from the hated DRM & the m4a/p file formats, Sektah has presented a simple solution that works.

[James Robertson]

mp3

iTunes allows you to export any song the MP3 and then play on another mp3 player no?

[Giles Jones]

Rubbish

While it's true you have to use iTunes to manage what you put on the iPod, you can download mp3s or create them yourself then import them into iTunes.

You do not, repeat not need to buy anything from iTunes.

[Chris Pearson]

He might have a point...

...if I used iTunes with my iPod.

I have used iTunes twice in 2 years of being an iPod owner to reset my iPod before the Winamp plugin (ml_ipod) I use could.

[Stuart Halliday]

Barmy

Isn't a bit like saying I've bought a printer and I I'll raise a lawsuit with the manufacturer because they're forcing me to use their cartridges?

Duh...

[Brian]

Tied to iTunes?

Ok, I don't claim to be any tech boffin, or even a smart man, for that matter. But I don't get the whole iPod being tied to iTunes stuff people complain about. I don't use iTunes with my iPod, so obviously it isn't tied to iTunes. I can still download music and load it on, and I can sync my iPod to a playlist using winamp if I feel so inclined. In fact, I installed iTunes first, then Winamp, found Winamp easier to use, and so never went back to iTunes.

Now, maybe people are complaining from a point of view that if you want to update the iPod software you need iTunes (maybe that's what I'm missing), but then, how is that any different that having to use Windows Update to update Windows?

[Joel]

Huh?

The iPod works with any MP3s - how is it tied to the iTunes store?

The iTunes store is tied to the iPod, but that's a different story.....

[Anonymous Coward]

You're all missing the point!

Americans don't file these law suits because they actually have a serious problem! They do it to amuse us Europeans!

[Daniel B.]

iPod iTunes

iPod *is* tied to iTunes. By using software other than iTunes, you're breaking the terms of use of your iPod and the Jobs Police will drag you away. ;)

Seriously, the ony reason there are third-party hacks for uploading music to your iTunes is because of reverse-engineering, which means someone at least broke the EULA for iTunes, thus making the resulting software "illegal".

Its more like raising a lawsuit because I can't play my DVD on my Linux machine (gee, remember that thing called "DeCSS"? There's your legitimate use right there...)

[Iain]

@Stuart

No, it's not even like buying printer cartridges, because those cost money, rather than coming as a free download.

Having to use iTunes with your iPod is like starting a class action suit because NVidia tie me into using their drivers with their graphics cards.

[Dam]

re: Microsoft dominance

@ JL about:

"The same goes for people complaining about Microsoft and it dominance!!!"

Please...

You have a point about other MP3 players, however you do not about Microsoft.

Try buying a PC without an operating system, you'll actually be charged money for them uninstalling windows (wtf...)

Even better, try for a laptop.

[bogsheet]

My iPod has never touched iTunes...

...in its 2 years of existence. I chose to use the excellent Anapod software to manage my iPod, it allows me to do anything and everything that I could possibly want from an mp3 player.

[Anonymous Coward]

@Dam

I have bought a laptop with linux after having money knocked off for not having windows. I didn't get charged anything. Try buying a mac without OSX

[Tom Ross]

$15,000 Class Action?

Is it just me, or does it look like this bozo and his lawyers were trolling for a quick, "undisclosed amount" settlement that nobody can ever talk about?

A vengeful jury might find in favor of the plaintiff ... and require him and his lawyers to administer the settlement. They would be responsible for all of the administration expenses, and the settlement could not be used to pay for these expenses. Administration would include identifying, notifying and verifying the members of the class action, as well as disbursing the funds and the full audit that demonstrates full compliance with the jury's verdict.

[slave138]

Seems about as valid...

... as the monopoly suits against Microsoft for bundling Media Player and Internet Explorer with its OS. Did it stop people from playing video/audio or viewing webpages with other software? Nope.

Compared to those precedents, the "you can burn it to a CD" defense is feeble at best.

[Gilbert Wham]

Hmmmm

"Try buying a mac without OSX" Er, that would be a PC then.

Also, iTunes is fucking awful.

[t3h]

Can you say...

... stupid money-grabbing class action lawsuit?

Sounds very much like it to me...

@Tom Ross (2nd paragraph)

We can only hope.

[Scott Mckenzie]

Err..

....i like iTunes.

[Law]

alright then

I don't think he's got a case.... but I might tho.

They illegally left software on my pc after I uninstalled iTunes... I have AppleMobileDevice services and other crap hanging about after I (stupidly) installed iTunes for the first time in my life to see what all the fuss is about. After realising it was a steaming pile of shit (took about 30 minutes) I decided to uninstall.... Apple obviously doesn't like to uninstall everything though. So now I'm left with the cleanup operation of removing all the hidden services they left on my supposedly apple-free laptop. I mean, without Quicktime or iTunes, or any other application made by those guys, what the hell would I need an apple mobile device service running for?!? lol...

I will keep to my samsung player and winamp thanks.