Apple iTunes DRM-Antitrust Case to Continue (Tucker v. Apple)

From the Thomas Slattery case back in January of 2005 till now there have been several lawsuits brought against Apple alleging Apple's use of proprietary DRM schemes limiting music purchased from iTunes to playing back only on portable devices manufactured by Apple as anti-competitive.

A U.S. District court recently denied Apple's motion to dismiss the Tucker v. Apple case (filed in July 2006) similarly alleging, among other things, that:

Apple has engaged in tying and monopolizing behavior, placing unneeded and unjustifiable technological restrictions on its most popular products in an effort to restrict consumer choice and restrain what little remains of its competition in the digital music markets.

In denying Apple's request, U.S. District Court James concluded,  

"the existence of valid business reasons in antitrust cases is generally a question of fact not appropriate for resolution at the motion to dismiss stage.

Melanie Tucker is seeking class status, wants Apple to be enjoined from tieing music bought on iTunes to iPods as the only possible portable playback device for such music plus unspecified damages for all persons that purchased music from iTunes since April of 2004. 

Sources: Engadget | WebProNews | Ecommerce Times | GameShout | Home Media Magazine | Active Home | Computer World | Macworld | ITNews | P2PNet | ZDNet Blogs  Yahoo! News (AP)

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