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

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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 … 
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