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Apple asks judge to dismiss iTunes monopoly lawsuit

It's been a busy day for Apple lawsuit news. First, word broke that Apple has dropped a massive suit on Samsung for allegedly infringing on the iPhone and iPad's look and feel, and now we get word that Apple has asked a judge to dismiss a lawsuit that claims iTunes is a monopoly. The lawsuit stems from Apple's 2004 blocking of RealNetwork's Harmony software, which allowed songs purchased from the RealNetworks online store to be transferred to the iPod. Last month, a judge ordered that Steve Jobs must submit to deposition in the lawsuit.

According to Bloomberg, Jobs gave his deposition on April 12, and now Apple is asking that the entire case be thrown out of court. Apple's attorney told US District Judge James Ware in San Jose, California that any blocking of third-party software was done in the best interests of consumers: "Apple's view is that iPods work better when consumers use the iTunes jukebox rather than third party software that can cause corruption or other problems." Whether the case will be dismissed is yet to be decided. Until then, you can see original court documents here.



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It's been a busy day for Apple lawsuit news. First, word broke that Apple has dropped a massive suit on Samsung for allegedly infringing...
 

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Rob

A history lesson may be in order here. The original versions of iTunes and the early generations of the iPod had NO DRM on the communications protocol between the Mac or PC and the iPod over the USB cable. (DO not confuse this DRM with the DRM on music purchased on the iTunes store which always existed).

Later, Apple introduced DRM on the communications protocol between the Mac or PC and the iPod (over the USB cable). The purpose of the DRM was to prevent third party software from communicating with the iPod. In other words, Apple did it to LOCK DOWN the iPod to iTunes. Why? This prevented third party music stores from easily offering the same iTunes experience. Music Stores like AMAZON had to offer a music downloader which downloaded the music and then used iTunes to import it etc. Not as nice an experience.

This DRM on the USB cable is hideous in my view considering its objective. The MAIN objective is to reduce competition. It is NOT to protect the music industry or artists etc. And considering that Apple sells the VAST majority of online music through the iTunes Music Store. It looks like Real P{layers has a GOOD case against Apple. I doubt the Judge will dismiss it.

P.S. Personally I would like to see some GOOD alternatives to the iTunes program. But the DMCA prevents anyone from breaking this DRM EVEN IF the purpose of the DRM has NOTHING to do with protecting the copyrights of music.

April 19 2011 at 10:20 AM Report abuse rate up rate down Reply
Dano

Agree w/ Anyno5 - this has the potential to be really, really ugly in the long term. If Apple wins a suit based on size, shape, and feel, have they then just blocked any manufacturer from making a "tablet" of the same size as an iPad? If so, haven't they just locked this entire market unto themselves? I love me some iPad, but I also appreciate an open market and competition therein.

April 19 2011 at 7:08 AM Report abuse rate up rate down Reply
Jonathan Oz

Given Apple's dominance in this area, I'd be surprised if the case doesn't move forward. After all, its analogous to Microsoft's dominance in Web Browsers in the 1990's.

April 18 2011 at 11:26 PM Report abuse rate up rate down Reply
1 reply to Jonathan Oz's comment
ben

Actually this has nothing similar to Microsoft's case.

Microsoft was using Windows dominance to take browser market from Netscape.
Microsoft forbids OEMs from installing Netscape on new systems by cutting discounts.

There were other things, but this situation has nothing in similar to MS's situation in the 90s.

April 19 2011 at 2:15 AM Report abuse rate up rate down Reply
anyno5

Apple has dropped a massive suit on Samsung for allegedly infringing on the iPhone and iPad's look and fee,it is bad news.

April 18 2011 at 10:22 PM Report abuse rate up rate down Reply
macserv

The Harmony thing was even more clear-cut than that... Real was illegally manipulating Apple's FairPlay DRM to get their tracks to work in iTunes. That's even worse than Palm spoofing the USB vendor IDs.

April 18 2011 at 9:15 PM Report abuse rate up rate down Reply
CHRiS

"...First word broke that Apple has dropped a massive suit on Samsung for"...

Dropped is a poor choice of a word in the first sentence, IMO

April 18 2011 at 8:45 PM Report abuse rate up rate down Reply
1 reply to CHRiS's comment
treelo

Must be the same way 'disposition' is a poor word choice in the second paragraph.

April 18 2011 at 9:08 PM Report abuse rate up rate down Reply
Alejandro

hellooooooooo iTunes 4!

April 18 2011 at 8:35 PM Report abuse rate up rate down Reply
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