Are you a member of a new class-action lawsuit accusing Apple of creating a monopoly with the iPod and iTunes? You might be if you purchased your iPod between September 12, 2006 and March 31, 2009. Those iPod owners are beginning to be notified by e-mail about a case dating back to 2004, which was recently green-lighted for class-action status. It now includes everyone who purchased iPods directly from Apple during that roughly 2.5-year time period.
The case in question was sparked by RealNetworks in 2004 when it introduced a new product called Harmony that allowed DRM'd music purchased from the RealPlayer Music Store to play on the iPod. (Apple had restricted the iPod to only play FairPlay DRM'd music from iTunes or unprotected formats, like MP3. This is still true of the iPod and Apple's other iDevice products today.) Harmony allowed Real to convert its own DRM'd files into FairPlay files, essentially working its way around Apple's own DRM scheme in order to put songs on the iPod. This displeased Apple, and the company eventually put out an iPod firmware update that blocked out Real's workaround.
Several folks who purchased iPods filed an antitrust lawsuit against Apple, accusing the company of illegally blocking competition; it has been meandering through the courts ever since. The plaintiffs sought class-action status, and the US District Court for the Northern District of California gave it class-action status in November of 2011. And although Apple held settlement talks earlier this month, nothing came of them and the suit is moving forward. The notices sent out to iPod owners on Wednesday highlight the "pendency of class action" of the lawsuit with a link to https://ipodlawsuit.com.
The iPods covered by the class definition include iPod nanos (first, second, third, and fourth generations), iPod touches (second and third generations), iPod shuffles (first, second, and third generations), and standard/classic iPods (fifth generation, U2 Special Editions, and iPod Classics). Owners who want to be included in the class don't have to do anything—if there is any kind of award, either from settlement or trial, you'll still be eligible, but you won't be able to sue Apple separately. If you don't want to be included when there's a decision on the case and want to retain your rights to sue Apple separately, you must file a request to be excluded from the class before July 30, 2012. Don't worry if you qualify for the class but didn't receive a notice via snail mail or e-mail. More details are available on the lawsuit's website, and you can download the appropriate forms there.
Keep in mind that the outcome of the case has not yet been determined, so there may not be any settlement or reward to be had. "[T]he Court has not yet decided whether Apple has done anything wrong, and the two sides have not settled the case," reads the site's FAQ page. "There is no guarantee that any money will ever be available. If it is, you will be notified about your rights regarding any recovery."
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