Tuesday, September 25, 2007


Florida iPod Owner Chucks Another Anti-DRM Suit at Apple
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By Patrick DannerMiami Herald 09/06/07 8:51 AM PT
Another dissatisfied iPod user has signed on to the growing list of customers looking to sue Apple over various complaints about the device's lack of interoperability with certain other file formats. Frederick Black's suit accuses Apple of violating the Florida Deceptive and Unfair Trade Practices Act and the state's antitrust act.
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iPod owner Frederick Black isn't singing a happy tune.
The Broward County, Fla., resident doesn't like that he can't download songs or videos from other online vendors to his iPod. He's miffed that he can't easily transfer songs purchased from Apple's (Nasdaq: AAPL) iTunes Store to any digital music player other than an iPod.
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Limited Choices
So Black last week sued Apple in Broward Circuit Court, accusing the Cupertino, Calif., company of placing technological restrictions on its products to limit choice and restrain competition.
Black wants his suit certified as a class action to include all Floridians who either bought an iPod or songs or videos from iTunes since 2001. The suit estimates the size of the class could top 100,000.
The lawsuit, filed by the Fort Lauderdale, Fla., firm Tripp Scott, resembles cases filed in other courts against Apple.
Apple didn't respond to a request for comment. However, Apple denied similar allegations in a federal lawsuit in California.
Apple unsuccessfully sought to have another California case dismissed. That case has since been consolidated with others.
That Darn DRM
Black's suit accuses Apple of violating the Florida Deceptive and Unfair Trade Practices Act and the state's antitrust act.
The suit contends that Apple's digital rights management software prevents songs purchased from the iTunes Store from being used on other media players.
It also says Apple restricts the use of iTunes digital media to the iPod or iTunes software. So if the iPod is lost or breaks, the suit says, a consumer "is forced to repurchase an iPod" or "lose the use of the iTunes content."
The suit adds that Apple "has attempted to maintain monopoly power," "has the power to control prices," and "has been able to exclude competition."

1 comment:

townsendbus104 said...

THAT'S EXACTLY WHY I DON'T RUN AND PURCHASE THINGS WHEN THEY FIRST COME OUT. YOU SUPPOSE TO LET THEM GET THE GLITCHES OUT FIRST THEN BUY IT. I DIDN'T RUN AND BUY AN IPOD WHEN THEY FIRST CAME OUT AND I'M GLAD I DIDN'T BECAUSE ALL THEY DID WAS TURN AROUND AND MAKE A BETTER ONE (VIDEO IPOD). IT WOULD BE NICE IF I COULD DOWNLOAD MUSIC FROM OTHER SOURCES WITHOUT HAVING TO CONVERT IT.