January 5, 2005 6:19 AM PST

Lawsuit claims Apple violates law with iTunes

An unhappy iTunes customer alleges Apple broke antitrust laws by allowing iTunes to work only with its own music player.

The story "Lawsuit claims Apple violates law with iTunes" published January 5, 2005 at 6:19 AM is no longer available on CNET News.

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34 comments

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dont see the problem
if the guy owns a pc, theres plenty of other stores to chose from.
if he owns a mac, he should sue real or napster for not making
their stores compatible with macs. apple has a right to limit
players to its store. it allows an almost bug free way to buy
music. the hardware and software are seemless. this guy just
wants some money.
Posted by nbaker756 (3 comments )
Reply Link Flag
lazy...
I guess he got fired and needs money to pay the bills.
Posted by cutekangaroo (29 comments )
Link Flag
Another idiot with a lawyer looking for a buck
He can't take his music? Tell him to burn Cd's, or convert the
music by burning it or re-ripping it. He might not like the
alternatives to transporting his music, but they do exist. They
still do sell portable cd players, you know?
Posted by ivanbou (14 comments )
Reply Link Flag
I think the lawyer is a bigger idiot.
Most people I know who have i-pods get their songs from a
variety of sources ranging from their own CD's to other services
and even to the illegal sources that still are quite available.
Where then is the case? I carry my music on MP3 players, i-pods
and Pocket PC's, all transferred from my Mac and i-tunes. With
the exception of the few songs that I have actually purchased
from i-tunes the songs work equally well on all products. I fail
to see a problem here. But then I am not looking for one , am I?
Posted by seehunt (17 comments )
Reply Link Flag
you got it backwards
True he's out to get money, but his argument is valid.

What he is saying is that if buy from iTunes you can't (legally - with out changing the file) play on a different portiable device.

I agree that all he would have to do is find another online music store to find a format that would work for him.

-----

Plus on a side note, all iTunes adverts I have seen haven't specified that in order for songs to be portable you need a iPod.

In order for apple to grow and maintain they have to open up. (by this I mean there hardware for there computer line, and there music format for there iTunes shop)
Posted by simcity1976 (136 comments )
Link Flag
LOL...Pathetic
I've always loved how people scream foul about the iPod and competition. In point of fact they are about as far away from locking out their competition as you can get. Lets look at this. Apple prides the hardware, software, and music (if you want.) They are are providing the whole package. Its not as if they are pulling a Microsoft by licensing Fairplay for X amount of money, making it the most popular codec on the planet and then jacking up the price. Nope they are just doing their own solution and telling others to go make their own solution and stop trying to weasel in on their product line.
This is where I personally am pissed at the people moaning and complaining. Apple created this entire infrastructure. Apple created the hardware. The music player. The store. And only now are companies and people wanting to horn in on their success. You dont see this in their computer line do you? I too would tell anyone who came crawling to me to f-off.

As for this smuck. "was also forced to purchase an Apple iPod" LOL. I love it. So Apple "forced" you to use iTunes? Apple "forced" you to either go online or into one of their stores to buy an iPod?

Well thank god Music Match didn't get to you first and "force" you to buy a Dell DJ or Heaven help you if Napster "forced" you to get a Samsung Napster player.

Thank god it was Apple that got to him first with a loaded gun to his head because that is how they got their 80+% market share. They've "forced" all those poor people by gunpoint to get an iPod and use iTMS.
Pathetic.
Posted by Jonathan (832 comments )
Reply Link Flag
no way!
you mean they didn't threaten your life if you didn't purchase an iPod? I must hate my iPod, just cause the voices in my head can't think of any reason not to! They're always wrong...
Posted by mortis9 (370 comments )
Link Flag
anyone who does not agree with this is a fool
When you buy a CD in the stores are you limited to the CD that it can be played in? Just think if that was the case? Even a DVD wow! If if this was the case how many players would you own just so you can play the CD you want. Remember all the music stores do not carry the same music and even if that was the case it would still not be enough reason for this to continue. Open you big minds and think.

I love the IPOD just do not like the fact that it does not work with other music stores, that is why I returned it and got the iriver that plays more and is more compatible most music stores.
Posted by damiandennison (55 comments )
Reply Link Flag
You act as if you don't have a choice.
Look. Simple fact. You have at least 2 full blown music stores that support all the other players on the market with Microsoft's coming online NOW. (Its already up but the song selection isn't there YET.)

Please stop this whining about Apple, iPod, and iTunes. See if it was the other way around with MS owning the entire music market you would tell Mac users to shut up. No its the fact that Apple has the lead for once and its driving people nuts.
People won't shut up about this until they see Apple fail. Its not as if the RIAA isn't releasing their wares to all the stores. Yes its not happening immediately and yes in some cases Apple and even MS has had some temporary exclusives but in the end when this all shakes out there will be equality between the various stores with some having exclusives deals that others dont. Look at Best Buy for god sake. They got 40 Licks a couple months before everyone else. So dont say this kind of thing doesnt happen in the real world.
Suggestion: Stop complaining, by your Dell DJ and download your tracks off of MS, MusicMatch, and Napsters music stores and if they dont have what you want complain to them. (Which will eventually be the only way you WILL get your music.)
Posted by Jonathan (832 comments )
Link Flag
Think about this
"When you buy a CD in the stores are you limited to the CD that
it can be played in? Just think if that was the case? Even a DVD
wow! If if this was the case how many players would you own
just so you can play the CD you want. Remember all the music
stores do not carry the same music and even if that was the case
it would still not be enough reason for this to continue. Open
you big minds and think."

CDs and DVDs are not the same thing as purchasing music
online. Based on your logic, my argument would be why can't I
play Playstation games on my Xbox? Or GameCube games on my
PC? Etc., etc.
Posted by dejo (182 comments )
Link Flag
He's too stupid to figure out how to burn tunes to CD apparently.
.
Posted by (13 comments )
Reply Link Flag
No no no
Its not about being stupid. It is about the ease of switching platforms, which ever way you want to switch. I have a little over $100 invested in DRMd music for my Creative (WMA), and while I can burn/re-rip (as you can do with Apple Fairplay), there is a quality loss in doing so, as well as a time issue. Its a joke. There needs to be a way for the consumer to easily do this. Hand in your WMAs to the store that sold them to you and have the FairPlay versions delivered. Send Dell your iPod and have them ship it back blank with your new DJ, preloaded with everything that was on the iPod. Something.
Posted by catchall (245 comments )
Link Flag
burn, iTunes, burn
I completely agree. Get a CD player in your car, burn the iTunes tracks to a disk- wow! portable music without an ipod!
Posted by fabsgwu (13 comments )
Link Flag
ipod lawsuit
what a waste of time and energy, who forced this person to
download and use itunes with all the choices out there. why not
use WMP or REAL player, then you would really have something
to sue about!
Posted by kosmofenster (6 comments )
Reply Link Flag
What a Moron
This Slattery guy is a moron. First, no one is forcing him to buy from iTunes, that's his choice. He has alternatives, including BUYING a physical CD and loading it into his music player of choice.

Second, Slattery sounds like a quick buck artist.

I hope the judge throws the book at this creep.
Posted by (274 comments )
Reply Link Flag
AAC-vs-MP3-vs-... who cares, as long as
Who cares that Apple made the AAC format and it only works in iTunes and on an iPod. Apple's own site tells you you can work around the issue for other players by burning the purchased music to a CD (your own backup of the music files, just in case you hadn't done so), and then treat that CD as any other music CD, importing(ripping) the songs back to your computer and then moving them to your non-Apple music player in a non-AAC format - www.info.apple.com/kbnum/n93548
Posted by pkeyrich (12 comments )
Reply Link Flag
The Apple site does not say that
The Apple site does not tell you you can burn to CD and then re-
rip, effectively stripping the track of it's DRM. That would be
violating the Terms of Service one agrees to when purchasing
music through the iTunes Music Store.

<a class="jive-link-external" href="http://www.info.apple.com/usen/itunes/terms.html" target="_newWindow">http://www.info.apple.com/usen/itunes/terms.html</a>
Posted by dejo (182 comments )
Link Flag
Reality Check(book)
1. Nobody is forcing anyone to purchase any MP3 player.
2. Nobody is forcing anyone to download digital music from the Internet.
3. You have the freedom to use any MP3 Player &#38; Internet music service of your choice.
4. Choosing to purchase digital music online, downloading to your PERSONAL computer od choice is the individual's choice.
5. Legally purchased &#38; downloaded music can always be backed up onto a CDR / DVDR for your personal use. CDR's are playable on a variety of portable CD players on the market.
6. Where's the case? Case closed...
7. Just looking for a free iPod or handout from Apple.
8.Waste of everyone's time &#38; money...
Posted by Llib Setag (951 comments )
Reply Link Flag
Check the law books
Its call the Anti-Trust Law. Read it and you will see what epple is doing. Just like MS, epple will have to comply eventually. Just wait until countries outside the US start the Anti-Trust hearings. LOL! . Deal with it. Your precious little epple is subject to everything MS is. Say goodbye to your craptime media player installed by default also. HAHAH&

Hmmm&CES  didnt see anything from epple. They must still want to be in their own little world.
Posted by (28 comments )
Link Flag
Did he ask for a refund?
How dumb of me to buy the iPod first, instead of the music.

Does this now mean that if I accidently purchased an oil filter for a Honda and it won't fit on my Ford, I can sue Honda Motor Corporation?
Posted by n2ifp (9 comments )
Reply Link Flag
;)
"How dumb of me to buy the iPod first, instead of the music."

I believe the story stated he bought the music first.
Posted by simcity1976 (136 comments )
Link Flag
What's the big deal?
If you really want AAC encoded files (songs purchased from iTunes Music Store) to play on other devices, just:

- Burn AAC files as AIFF on to CD from iTunes
- Import the burned CD into iTunes as mp3 files

Protection? Poof - gone!

Now the mp3 versions of the songs will play on any devide. Which is how it should be.
Posted by tailpipe (2 comments )
Reply Link Flag
No LEGAL workarounds exist
The problem with burning to CD, then ripping to another format is that it is a violation of the legaly binding agreement you enter when you purchase music from the apple online store. As such, apple has the right to revoke your license to use said intellectual property without recourse (You don't get your money back). It can also be construed as a way of bypassing DRM. That is a criminal violation of the Digital Millenium Copyright Act, which basically removed all "fair use" protection from the consumer who purchases intellectual property protected with DRM. Instead of being defined by centuries of case law and landmark decisions on what rights of use a purchaser of intellectual property has as "fair use", now any product containing intellectual property protected by Digital Rights Management may only be used in whatever way the seller of the license sees fit. When you "buy" any product, whether online at the apple store or a copy protected DVD at the local supercenter, you haven't really bought anything except a license to use intellectual property according to the terms of the issuer of the license.
Posted by Mgradyc (8 comments )
Reply Link Flag
What a dumb monkey
My first question is why sue a company and try to continue to do business with them? Everyone hates people who goes around and try to make trouble and find things to sue. If they don't like it the way the business is done, leave and go somewhere else.

Apple is based in US, and in the US, it means competition.
Posted by cutekangaroo (29 comments )
Reply Link Flag
Probably hired by creative...
Maybe he's hired by creative's CEO trying to get Apple to open up. Loser.
Posted by cutekangaroo (29 comments )
Reply Link Flag
The circle peg only fits in the round hole.
This is why idiots shouldn't have the intarweb.
Posted by (1 comment )
Reply Link Flag
baaahh baaahhhh
Look at all the sheeple coming out to decry this lawsuit. I hope your being well rewarded for you idiotic consumer loyalty. This man is trying to empower you, the consumer, so you can enjoy your legally purchased music on any player you wish. What is wrong with that?
Posted by brave_einherjar (1 comment )
Reply Link Flag
what about tv shows downloaded
i downloaded 2 episodes of scrubs recently and i want to put them on my PSP. does anyone know how to put those files on to a PSP?
Posted by alexpaver5 (1 comment )
Reply Link Flag
 

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