Anyone in the U.S. who bought a first or second-gen iPod touch between September 12, 2007 and and March 31, 2009 are eligible to get in on an antitrust lawsuit against Apple. The two complaints state that Apple broke federal and state laws by charging for iOS updates and prevented iPods from playing anything that wasn't bought through iTunes. The litigating class membership includes just about every iPod model, including classic, shuffle, and nano.

Although I was peeved when Apple had the gall to charge for an iOS update on my first-gen iPod touch, just so that users could get email and other apps that came for free with the iPhone, it was easy enough to work around. Apple's story about GAAP vs. non-GAAP accounting methods and reasons for insisting on the charge were overly complex and ultimately user hostile. Which is probably why Apple stopped charging for iOS software updates entirely.

I'm still not sure why the lawsuit is claiming that iTunes wouldn't allow outside music sources; from the sounds of it, that situation was isolated to a few types of incompatible DRM, but that's it. Basically, if you bought something from Real (remember them?) or something protected by Windows DRM, it wouldn't play on your iPod. If you had iTunes music with FairPlay DRM or DRM-free MP3s from any source, you were good to go.

Right now there's not much to do besides wait to see how the case pans out and collect what will likely be a five dollar refund for what you paid for the firmware update. You can get updates by signing up at the class-action suit site, or opt out of the case if you're crazy and intend on going after Apple separately for the same issue.

Apparently this case has been hounding Apple for awhile; do you guys see any legitimacy to it?

Source: AppleInsider

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We're all up in Apple's 2010 Special Music event - new iPod shuffle, iPod nano, iPod touch with Retina Display and FaceTime, Apple TV with iOS... but no apps! Along with iOS 4.1 and iOS 4.2. We're streaming like crazy. This is iPhone live!

Oh, and here's the Vapor Case give-away we mentioned...

Credits

Thanks to the TiPb iPhone accessory store for sponsoring the podcast, and to everyone who showed up for the live chat!

Our music comes from the following sources:

• I Called You -- iPhone Remix by Pete Leidy
via Sneakmove iPhone Ringtone Challenge

Could Apple be getting ready to release a 7" iPad nano and re-designed iPhone 5 as early as January? Could the iPod shuffle or nano with a 1.7" screen be around the corner in September? Are bumpers going all-silicone?

Our gut says crazy talk, but iLounge has a pretty good track record on leaks so take these for what they're worth, even if it's with an ocean-sized grain of salt.

Here are some details:

1. New iPods. Apple apparently has three new iPods ready to go as early as this month, or as late as September. One is the new iPod nano, one is the new iPod touch, and the third one is a question mark, but may be a small (1.7”) touchscreen replacement for the iPod shuffle.

2. New iPad. A seven-inch-screened version of the iPad is substantially finished and will be ready for announcement either later this year or early in 2011.

3. New iPhone. According to our source—and we have to say that we find this part hard to believe—Apple is pushing up the release date of the fifth-generation iPhone to early 2011 (as soon as January) because of the antenna issues with the iPhone 4.

4. iPhone 4 Bumpers, Generations 0 and 2. To reduce the cost of the current iPhone 4 Case Program, the company is currently working on a less expensive all-silicone version of the Bumper to give away after September.

Would Apple fragment the iPad market so quickly by introducing a smaller device? They haven't done that with iPhone or iPod touch going on 4 years now. Could a January iPhone be an iPhone 4 variant for Verizon instead?

If you have any insight, shoot us an email. If you have a guess, drop it in the comments!

[iLounge]

So. Funny. Maybe the Audio Book industry was right to be worried, but for the wrong reason. With the iPhone rumored to be getting voice control in 3.0, how long will it be before we get to see our signature device turn up as Sam Jackson in Pulp Fiction... or doing it's own into at Macworld 2007! The comedy potential is limitless, we tell you, limitless.

Once you've had your fill with Pod Vader, be sure to check out the Wrath of Kindle and iBlade Runner.

UPDATED: ZDNet retorts, and says to chill.

ORIGINAL: iLounge (via Engadget) is reporting that the new iPod shuffle ships with headsets that not only include advanced (read: complicated) on-wire controls, but with lock-down chips that may prevent third parties from making compatible alternatives without ponying up licensing fees to Apple. Whether this is a money grab in exchange for technology Apple has patented and feels they deserve compensation for, or just another internet controversy that ultimately goes nowhere isn't fully understood yet (least not by me!). iLounge says:

This is, in short, a nightmare scenario for long-time iPod fans: are we entering a world in which Apple controls and taxes literally every piece of the iPod purchase from headphones to chargers, jacking up their prices, forcing customers to re-purchase things they already own, while making only marginal improvements in their functionality? It’s a shame, and one that consumers should feel empowered to fight.

When the iPhone 3G came out, there was some noise that the new component and composite video cables that came along with it contained proprietary chips that would prevent 3rd parties from creating cheaper alternatives to the Apple-proper cables.

Launched along with the 2nd generation iPod touch was Apple's new in-ear headset with mic and remote control, allowing music to be started, stopped, and skipped, along with volume to be controlled right on the headset. They worked not only with the iPod touch, but with the new aluminum unibody MacBook family, and to a lesser degree with the iPhone 3G. Was there a proprietary lock-down chip in those headsets?

Either way, are we sharpening our pitchforks and lighting our torches, or waiting to see how this develops before storming the streets of Cupertino?

Apple Store goes down, Apple Store comes up with just what we expected: a new revision of the iPod Shuffle. It's got 4 gigs of storage, comes in silver and black, and an all new feature: VoiceOver.

The new Shuffle is half the size of the previous -- a feat achieved by removing nearly all of the controls off the device itself and onto the headphone cable. Only the Off/Repeat/Shuffle switch stays on device. In other words -- don't plan on using your own headphones with the Shuffle. While that's a bit of a downer, the upside is that the headphone controls are very thoughtfully laid-out and easy to hit without looking.

VoiceOver and how the controls work -- after the break!

VoiceOver is pretty darn clever. It actually gets created on your PC or Mac and then synced over to the Shuffle with your music. The upshot is that Apple has managed to add the feature without having to ask too much of the little device. The voice you hear will therefore depend on what type of computer you sync to.

Back to controls: the are three buttons. Volume up and down is pretty obvious, then there's the middle button. A single click starts and stops music, a double click advances tracks. Holding down the middle button activates VoiceOver, which reads title and artist. Holding it down even longer activates a beep and then the Shuffle reads through your playlists, you can click to select the one you want.

In all, it's a pretty neat little iPod, available now (ships within a week), for $79. Unclear is whether or not the feature is going to be made available to other iPods or the iPhone. Given that the heavy lifting of creating VoiceOver happens on the computer instead of the iPod, it seems like a no-brainer. It might be a little more dicey with the iPhone and iPod Touch, though, since you're able to download music directly.

Any iPhone owners out there thinking of supplementing their Apple music phone with an Apple music gadget?