Without plaintiffs, iTunes lawsuit could end in Apple's favor

The $350 million lawsuit brought against Apple over iTunes issues could end in Apple's favor if the federal judge deems the case lacks a legitimate plaintiff. At issue is that Apple's lawyers claim that the plaintiffs in the case may not have purchased iPod models that are the focus of the trial where Apple is accused of stifling competition by not allowing music purchased from an iTunes-rival service to be loaded onto the company's iconic iPod music players.

According to a report by the Wall Street Journal, the case could end rather quickly.

"What am I supposed to do if I don't have a plaintiff?" asked a concerned U.S. District Judge Yvonne Gonzalez Rogers after the jury left the courtroom at the end of Thursday's proceedings."I am concerned that I don't have a plaintiff," Judge Rogers told a stunned gallery. "That is a problem."

The issue was raised by Apple's lawyers in a letter:

Judge Rogers said that in a letter submitted to her late Wednesday night, Apple's lawyers said there is no evidence that the plaintiffs' two class representatives purchased the models of iPods focused on in the trial.

Source: Wall Street Journal

Chuong H Nguyen
  • Yay, stupidity blocked by crazy technicalities... So they've gone over 9 years building a case.. that which they had no plaintiff to begin with... just... wow....... Those RealPlayer lawyers look crazy dumb right now.. 50/50 this gets tossed out, if not, Apple will have some great grounds for appeal already.
  • I had an original iPod 1 that I purchased songs on Amazon and transferred them to iTunes using Amazon's App. As soon as iTunes upgraded I lost them all. I can still hear them if I go to amazon. Whoopee!
  • Maybe the client could sue for malpractice. Oh wait, there is no client... Sent from the iMore App
  • If this gets throw out... I'm gonna laugh my butt off. 1o years for nothing.