Apple wins iPod & iTunes DRM antitrust case, jury decides

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Update — Apple’s statement via CNBC: “We thank the jury for their service and we applaud their verdict.”

A jury has decided that Apple is not guilty of violating antitrust laws in the decade-old lawsuit involving the iPod, iTunes Music Store, and digital rights management usage. The jury had to determine if the iTunes updates affecting customers’ iPods were “genuine product improvements” with Apple citing security concerns for implementing the usage of DRM. Read more

Jury begins deliberations in antitrust lawsuit over iPods, iTunes, and third-party music stores

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The class-action lawsuit against Apple over alleged anticompetitive behavior in how the iPod handled songs from third-party much stores is finally in the hands of a jury. Following last week’s final witness testimony, the jury has started deliberations in the decade-old case.

The evidence and testimony in this case have given us quite a bit of insight into the way Apple operated ten years ago with regards to its iPod and iTunes business. Former CEO Steve Jobs took jabs at rival Real Networks in a videotaped deposition (which the media wants the public to see, but Apple doesn’t). We also learned details of Apple’s contracts with record labels.

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Apple fighting media requests to air Steve Jobs deposition from iPod antitrust suit

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As we noted earlier today, several media outlets have filed a motion that would allow them to air the videotaped deposition of Apple co-founder Steve Jobs that was played for jurors in the ongoing iPod antitrust lawsuit. Now the Verge reports that Apple is fighting back against the motion, with the company’s lawyers accusing the media of wanting to see “a dead man.”

As Apple attorney Jonathan Sherman put it:

The marginal value of seeing him again, in his black turtleneck — this time very sick — is small. What they want is a dead man, and they want to show him to the rest of the world, because it’s a judicial record.

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AP, Bloomberg and CNN file motion to allow them to broadcast Steve Jobs deposition video

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We may get to see the two-hour video of Steve Jobs giving pre-trial evidence in the iPod antitrust case, if the judge approves a motion jointly filed by AP, Bloomberg and CNN to make it public. CNET reported:

“Given the substantial public interest in the rare posthumous appearance of Steve Jobs in this trial, there simply is no interest that justifies restricting the public’s access to his video deposition,” attorney Thomas Burke, who is representing all three media organizations, wrote in the filing Monday

The video currently has the same status of live testimony given in the case, meaning that it can be reported on but the video cannot be broadcast …  Read more

Last plaintiff in iTunes antitrust lawsuit disqualified, but the show must go on as lawyers search for replacement

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In the latest twist in the iPod antitrust lawsuit that has already given us a deposition of Apple co-founder Steve Jobs and details about Apple’s deal with record labels to sell music in the iTunes Store, a judge ruled on Monday that the trial will continue even though there are no plaintiffs left.

Yes, you read that correctly. Every single plaintiff in the case has been disqualified. Marianna Rosen, the last complainant standing, was discovered to have never purchased an iPod that was affected by the song-deleting software updates in question.

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Apple questions whether iPod class action suit can proceed as case may lack genuine plaintiffs

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Just as it looked like the iPod-related class action suit against Apple was getting interesting, Eddy Cue arguing that competing music stores had effectively hacked the iPod, it now seems the case is in danger of collapsing.

Apple’s lawyers have written to the judge to say there is no evidence that either of the two plaintiffs owned iPods during the time affected by Apple’s action to remove non-iTunes songs from iPods …  Read more

iPod-related class action suit against Apple starts tomorrow, Steve Jobs emails & video key evidence

This case goes back a while ...

This case goes back a while …

Emails and a video deposition by Steve Jobs are likely to form key elements of the evidence in an iPod-related antitrust case against Apple which opens in California tomorrow, reports the NYT.

The case goes back more than a decade, to the time when iPods would play only music purchased from iTunes or ripped from CD, with consumers unable to play music bought from competing stores. The class action alleges that this amounted to anti-competitive behaviour, and that consumers were forced to pay higher prices as a result …  Read more

Apple’s request to remove court-appointed ebooks antitrust monitor rejected

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A motion by Apple to halt the operations of a court-appointed antitrust monitor has been rejected, the Wall Street Journal reports. The lawyer, Michael Bromwich, was appointed by the court to ensure the compliance Apple’s iBook platform with antitrust laws. Apple previously petitioned the court to have Bromwich removed from his post, believing that his $1,100/hour legal fees were leading him to take undue investigative steps solely for the purpose of overcharging the Cupertino company.

Bromwich was temporarily taken off of Apple’s case, but subsequently returned to continue his duties. Apple then accused Bromwich of going beyond his legal authority and requested once again that he be removed from the company’s case. Today the court ruled that Apple’s request would have resulted in Bromwich being unable to execute his legal duties, and thus rejected the injunction.

The full ruling is embedded below:

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Apple granted temporary relief from external monitor in ebooks antitrust dispute

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In what is quickly becoming the next big ongoing back and forth between Apple and [insert third party here] of 2014, a new development has unfolded in the antitrust dispute over Apple’s iBooks practices. Michael Bromwich, the external monitor assigned to ensure Apple complies to antitrust laws relating to its iBooks program, has been temporarily removed, Reuters reports, following an “administrative stay” granted to Apple following a recent complaint filed by the Cupertino tech company against the attorney.

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Apple eBook price-fixing lawsuits hit Canada following DOJ suit

Following an investigation into alleged eBook price-fixing, the U.S. Department of Justice filed an antitrust lawsuit against Apple and publishers Macmillan and Penguin earlier this month, who refused to settle. Other publishers, including Hachette, HarperCollins, and Simon & Schuster, settled and reached an agreement to return Amazon to its previous wholesale model and dismantle Apple’s agency model. The settlement also included agreements with select states that would see $51 million in restitution paid to those who purchased eBooks through Apple’s platform. Now, several Canadian publications are reporting class-action lawsuits were filed against Apple and the five publishers throughout Canada.

Lawyer Normand Painchaud spoke with The Montreal Gazette about his class-action suit filed in Quebec Superior Court and talked about two others filed in Ontario and British Columbia:

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US Federal Trade Commission subpoenas Apple in Google antitrust probe over iPhone search

According to a report from Bloomberg (via AllThingsD), the U.S. Federal Trade Commission subpoenaed Apple as part of its antitrust investigation of Google. There are not many details currently, but the report claims the FTC is interested in Apple’s agreement with the company to use Google as its primary default search engine on iOS devices.

The agency’s request for documents includes the agreements that made Google the preferred search engine on Apple’s mobile devices, said the people, who weren’t authorized to speak publicly and declined to be identified. Google rivals such as Microsoft Corp. (MSFT) have criticized these agreements as anticompetitive.

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