iTunes-iPod linkage cause in another US lawsuit

As reported by several sources over the past few days, Apple's latest legal trouble -- a lawsuit filed in July by Melanie Tucker, which survived a motion to dismiss on December 20 -- is a US counterpart to antitrust actions previously filed in Europe, and (to me at least, but IANAL) sounds very similar to Slattery v. Apple, filed one year ago. Anybody heard from Slattery lately?

Tucker's suit alleges that Apple's iPod/iTunes 'axis of funk' is an illegal monopoly, since the songs sold by the iTunes music store only play on the iPod; the suit also suggests that Apple has not done an adequate job of telling users that the iPod and iTunes content are not directly compatible with other digital media devices. One might argue that this exclusivity is just the business Apple is in with iPod and iTunes, but like I said, not a lawyer.

Now, I have nothing against silly iPod lawsuits on principle; they are, if nothing else, delightful blog fodder. I do wonder, however, what Ms. Tucker is thinking on this one. First off, you CAN get iTunes songs onto other devices; it's not necessarily straightforward to burn them to a CD and re-rip them, but it's doable. Second, y'know, there are other places to buy music (not Tower Records anymore, sadly). Third, there are, allegedly, other music stores and players. Is this really the same thing as rigging the browser wars in your favor? Just wondering.

[via PCWorld]

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Source: http://news.yahoo.com/s/pcworld/20070102/tc_pcworld/128375

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As reported by several sources over the past few days, Apple's latest legal trouble -- a lawsuit filed in July by Melanie Tucker, which...

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PlayStation CAN play other things: ausio CDs and DVDs in the case of the PS2. iTunes songs CAN be played on normal MP3 players anyway (I do). You make a CD of the songs and then rip the MP3s from that CD.

January 15 2007 at 11:36 PM Report abuse Permalink rate up rate down Reply

Berkana

She should also sue video game console makers: by design, none of them are compatible with games made for any other console, and if you buy a bunch of games for one console, you're "locked in" to that console.

Surely, you all can see the logic flaw.

If I remember correctly, the Super Nintendo and the first Play Station both had market dominance that exceeded the dominance of the iPod, which currently stands at about 75% of the DAP market. If Nintendo and Sony didn't get sued for monopoly abuses, neither should Apple. In fact, the iPod is even more compatible than the SNES or the PS1: it can play MP3s and other formats except for DRM'ed WMA files, whereas none of the consoles could play anything but the games that were made using/licensing their format.

January 04 2007 at 8:49 AM Report abuse Permalink rate up rate down Reply

Ben

It is a matter of tying and owning the market. Since they own the market on portable media players and music downloads if they make money on both and tie the two together it is illegal in the US. Of course I am not a Lawyer, this is simply my understanding of the law.

That being said, I don't think they make money on the songs, by the time they pay the record companies and other overhead, I doubt they turn a profit, they do it to sell iPods which are profitable. If they are turning a profit, they had better hope the Zune is successful, then they will be able to escape like Microsoft did by saying they weren't a monopoly because Apple exists.

January 03 2007 at 8:12 PM Report abuse Permalink rate up rate down Reply

b00gie

Personally, I think Ms. Tucker is 100%.

FYI, tomorrow I am filing lawsuit against Sony because their PS3 games cant be played on my Wii.

In February, I will launch the "Month of Incompatibility aka 'Monopoly' lawsuits". I will sue one major company each day for various "monopolies".

January 03 2007 at 6:56 PM Report abuse Permalink rate up rate down Reply

Chris

bravo #8... the analogy was perfect.

January 03 2007 at 12:42 PM Report abuse Permalink rate up rate down Reply

Chris

- iPods
- iTunes for Mac
- iTunes for Windows
- or burn to a CD that will play in any CD player, DVD player, computer or portable music player.

Apple 1
Melanie 0

January 03 2007 at 10:27 AM Report abuse Permalink rate up rate down Reply

Edsel

This is the same strategy used by competitors against Microsoft many years ago. It worked. I wouldn't be surprised if an Apple competitor, the RIAA, or a combination thereof were actually "Ms. Tucker".

January 03 2007 at 7:35 AM Report abuse Permalink rate up rate down Reply

Shaaheen

You Americans are really bored. Can't you simply do something else? Why is everybody attacking Apple?

January 03 2007 at 5:28 AM Report abuse Permalink rate up rate down Reply

koern

anybody still calling US "the land of the free"?

get a life!

January 03 2007 at 3:58 AM Report abuse Permalink rate up rate down Reply

Darius

iTunes the best :)

----------------
another blog about privacy
http://privacy.emigrantas.com

January 03 2007 at 3:08 AM Report abuse Permalink rate up rate down Reply