Apple digital music antitrust suit moves ahead

Apple digital music antitrust suit moves ahead

Summary: The Tucker v. Apple lawsuit, which alleges that Apple has used "crippleware" and other tactics to dominate digital music, is on track to be consolidated with a similar case.

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TOPICS: Apple
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The Tucker v. Apple lawsuit, which alleges that Apple has used "crippleware" and other tactics to dominate digital music, is on track to be consolidated with a similar case. In addition, a series of dates have been proposed to certify the suit as a class action.

As a brief recap, Apple is being sued for not supporting Windows Media audio files and using other tactics to lock customers into its platform. Apple first tried to get the antitrust lawsuit dismissed, but the judge didn't budge. It later filed a response that scoffed at most of the claims.

In a filing Jan. 18, U.S. District Judge James Ware ordered lawyers for both parties to show why the Tucker v. Apple suit shouldn't be consolidated with a related one, Charoensak v. Apple Computer Inc.

That leaves the following key dates--outlined in a Jan. 17 filing (PDF download)--as a case road map:

--Feb. 12: Deadline for both parties to file responses on the consolidations of related cases.

--March 5: Court will conduct a hearing on consolidating cases.

--March 16: Deadline for Tucker lawyers to file and serve class certification.

--March 19: Hearing to coordinate Tucker and Charoensak class certification proceedings.

--April 20: Apple deadline to file its opposition to class action certification.

--May 11: Deadline for Tucker to reply Apple's filing.

Meanwhile, the two sides are expected to haggle over the discovery process.

Topic: Apple

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  • How does the following lock you in ???

    "As a brief recap, Apple is being sued for not supporting Windows Media audio files and using other tactics to lock customers into its platform. " How does not playing WMA files lock you in, you want to play WMA files dont buy an iPod, buy a Zune or other player. This is like me suing the makers of Cassette tapes for not being able to play them in a CD player.
    mrlinux
    • Cassette tapes?

      Keep that thought - there is bound to be a lawyer somewhere out there
      that will be happy to work with you for a commission, or is it a
      contingency fee?
      Ken_z
      • I was going to use 8 Track tapes...

        But Iam not sure how many people would what they are.
        mrlinux
        • A more accurate analogy...

          ...would be to sue the makers of CD players since you cannot play cassette tapes, 8-tracks, phono records, VHS tapes, CompactFlash or SD cards in them.
          fde101
          • You are correct 100% correct

            I thought about it after I posted.
            mrlinux
    • I'm with you!!!

      In the same way that How does simply buying a windows PC lock you in to Windows. If you want to work with Apple or Linux buy or download their OS but stop that other nonsense!<br>
      The logic of a cd player manufacturer getting sued cause the unit won't play 8 tracks....spot on!! The player is the "interface" where the media interfaces to the player and if apple want's to lock certain digital formats that can physicaly play but they've locked them out....hey wait, your reasoning is not even close. But you are right about MS....they no more have to allow other systems to interface than a CD player should play cassettes. Thanks for this great insight guys....we knew the crap about MS was just noise all along, didn't we. cheers!
      xuniL_z
      • While I tend to agree in theory....

        [i]In the same way that How does simply buying a windows PC lock you in to
        Windows. If you want to work with Apple or Linux buy or download their OS but
        stop that other nonsense![/i]
        I'm not sure who you are addressing here as nobody was talking about MS
        Windows, but...

        One major difference I can see, is that while the ipod is just a non-neccesary,
        luxury consumer item, most business software runs on MS Windows and
        therefore, the success of entire industries and millions of people's livihoods
        around the world depend on one product produced by one company. It therefore
        follows that they should be scrutinized more closely to assure fairness and equity.
        Tigertank
        • If you will notice

          I started my phrase "in the same way" meaning an analogy is forthcoming. Much like the CD player analogy espoused by the other posters. I tend to believe my analogy has more merit in this context than that example. no? Hell, to extend that analogy you could say company X produces Y but it won't do Z so you should sue them. Way off base. I agree with scrutiny but that's not what's happening. They are being blugeoned verbally and every company that thinks the political zeitgeist is in their favor is sueing. ridiculous. And the expectation they standardize along the lines of the standards used and politically aligned with OSS is absurd. This is a free country. People chose to use windows. Saying anything less is saying much of the worlds populus are jackasses. The only loud public outcry is from NON ms users. There are some using MS that state they wish this or that but that is just normal company/customer relations and is no different in any industry. There are always people that prefer Fords, for example, that will complain and hope they change cetain weaknesses....I really don't see the difference. If a business could not operate on one platform and that vendor was telling them our way or nothing, even then it's not illegal and MS has never done that in reality. I've worked in mixed scenarios w/o a problem. Data is data and MS shops tend to store data in SQL Server by and large. It can't be any easier to migrate that data...even w/o programming tools. MS gives you DTS and supports all the main protocols to easily move your entire organization(your data!) to any other platform. No lock in as so many ABMers continually scream
          xuniL_z
  • How is Zune and PlaysForSureMaybe any different?

    NT
    BitTwiddler
    • If you look at them as physical objects...

      If you look at CD's and Cassette tapes, they are completely different, you wouldnt expect your CD player to play CASSETTES and vice versa. This is the same with there music formats.

      WMA Files (Zune)= CASSETTE TAPE
      AAC Files (iPod)= CD's
      mrlinux
      • Again, you've made a case for Microsoft

        Why should MS version of XML - superior, work with OSS specs - inferior? You are right, they should not have to wben view as physical objects. <br><br>
        Now Vista and Office 2007 are going to be using new formats such as XAML. Why shoild they have to make OSS html or xml interface to this new physical model?
        You are just totally spot on!
        xuniL_z
    • In the same way Windows and OSX are different

      Apple has a monopoly on downloadable music so Apple has to play by different rules. Sucks but those are the rules. And why can't we include CDs in music sales? For the exact same reason that we couldn't include sales of Macs in the computer marketplace.

      http://www.usdoj.gov/atr/cases/f3800/msjudgex.htm#iiia
      [i]Microsoft enjoys so much power in the market for [b]Intel-compatible PC operating systems[/b] that if it wished to exercise this power solely in terms of price, it could charge a price for Windows substantially above that which could be charged in a competitive market.[/i]

      MacOS System 7 didn't count because it wasn't an Intel-compatible PC OS. Apple zealots now either have to admit that the Findings of Fact were horribly wrong or that System 7 was [b]such[/b] a crippled OS that it simply couldn't do anything comparable to ultra-powerful Windows OS and therefore wasn't competition.

      The funny thing about this is that MS has [b]never[/b] charged more for an OS than Apple has when comparing upgrade price vs upgrade price and consumer version vs consumer version. In fact, consumer Vista versions have more features and are cheaper than Apple's price of $129.

      All Jobs can really do is pay Apple zealots to post and post and post and try to convince people that Apple is a poor little company that would never hurt a fly! Uh huh, the poor little Apple Inc. made $4 billion last quarter. Poor wittle Appwe!
      NonZealot
  • A load of C.R.A.P.

    I see a lot of people thinking they can compare this to physical hardware, as if making them compatible is a difficult task.

    It isn't, they already ARE compatible: All media players, AFAIK, will play MP3s fine. It's not file formats that is the problem - they'll gladly use a common file format.

    It's DRM. You know, that stuff that is DESIGNED to make them incompatible. That's it's whole purpose. It's not that way because different companies just innocently went in different directions - in this case, they WANT to make each other incompatible.

    They CAN, if they so desire, come up with a common DRM format and make each other compatible. They just don't want to. In fact, they're going great lengths to ensure they won't be compatible. They make this DRM stuff just for that purpose.

    http://zdnet.com.com/1606-2-6035707.html
    CobraA1
    • The issue isnt they all play MP3's

      It's about the iTunes purchased music. Apple I think is nervous about loosing hardware sales if they license out the DRM, which I can sort of understand from a company point of view, they make more profit on the player than the music.
      I have an iPod but I dont buy iTunes, I have it for use as mp3 player/portable storage(for Software development)/digital photo tank.
      mrlinux
  • All antitrust laws must die [nt]

    .
    Omch'Ar