ipod_classic_handApple is in court this week fighting a class-action lawsuit that alleges the company deliberately crippled competing music services by locking iPods and iTunes music to it own ecosystem, but as it turns out, there may be no legitimate plaintiff in the case.

The class-action suit pertains to iPods (classic, shuffle, touch, and nano) purchased between September 12, 2006 and March 31, 2009, and in a letter addressed to the judge overseeing the trial, Apple says (via The New York Times) that it has been unable to confirm the purchase dates of some of the iPods cited by the plaintiffs.

During her testimony, plaintiff Marianna Rosen claimed to have purchased an iPod touch in December of 2008, but the device's serial number indicates that it was actually purchased in July of 2009, outside of the scope of the case. The iPod touch Rosen mentioned this week also contradicts previous statements she has given stating that she only owned a 15GB iPod and a 30GB video iPod.

That is contrary to her December 16, 2010 response to Apple's Interrogatory No. 20 that, as of that date, she had purchased only "a 15 GB iPod, and a 30GB video iPod for her own use," and "an iPod Mini as a present for her sister." Attachment 2, TX 2869 at 14. In that interrogatory response, Ms. Rosen also affirmatively stated, "She has not purchased any other MP3 players."

Rosen also claimed to have purchased an iPod nano in the fall of 2007, but Apple was not able to verify the purchase and has asked for proof of purchase and a serial number.

Apple is also asking for evidence of iPod purchases made by the second plaintiff in the case, Melanie Tucker, who claims to have bought a fourth-generation iPod classic in 2004, a fifth-generation iPod classic in 2006, and a 32GB iPod touch.

According to the judge overseeing the case, if there are no viable plaintiffs, the trial could be stalled or stopped altogether. "I am concerned that I don't have a plaintiff," the judge said. "That's a problem."

Lawyers from the plaintiffs are expected to respond to Apple's request for proof of purchase by tonight.

Update 12/5 9:30 AM: Apple has now filed for dismissal of the case after discovering that Marianna Rosen's other iPods were purchased by her husband's law firm. The other plaintiff, Melanie Tucker, was withdrawn from the case on Friday. According to CNET, if the plaintiff's lawyers do not provide evidence that Rosen purchased a qualifying iPod, they could substitute a new plaintiff or expand the lawsuit to cover a wider timeframe.

Top Rated Comments

Porco Avatar
132 months ago
I hope Apple doesn't get into trouble for deleting the plantiffs from the trial!
Score: 25 Votes (Like | Disagree)
MR-LIZARD Avatar
132 months ago
These people bought multiple iPods over a number of years despite not liking them for the way they operated?
Score: 8 Votes (Like | Disagree)
furi0usbee Avatar
132 months ago
LOL @ trial lawyers. In their zeal, they forgot they needed an actual plaintiff.
Score: 7 Votes (Like | Disagree)
britboyj Avatar
132 months ago
This should get the plaintiff's case thrown out. Also, statute of limitations would prevent refiling. AND, god willing, they'll be charged with perjury and contempt of court.

It clearly shows a lack of research. This was a money grab for the plaintiff's attorney, pure and simple.
Score: 3 Votes (Like | Disagree)
usarioclave Avatar
132 months ago
Awkward.
Score: 3 Votes (Like | Disagree)
rdlink Avatar
132 months ago
I have to say, its not altogether implausible that someone could make a mistake on purchase dates, if you asked me when I purchased an iPod, I could probably get it within a year. Though this is a court case, it would have made more sense to get a few more plaintiffs before going class action imo.

Also, I actually agree with the merits of the lawsuit, it sucked that apple made it nearly impossible to use a rival music services songs on a music player. its akin to making a cd player that only plays sony brand CDs.

Sigh. So sad that people don't understand (or don't want to understand) what really happened. Had Apple not locked down FairPlay as much as they did the digital music rennasaince would not have happened. The music companies were not about to let Apple have 99 cent songs without it. You would have been downloading pirated songs via bit torrent for years, possibly even today.

----------

During this period, I refused to use Apple music devices, instead using Sony minidisc and later, solid state devices. That proved to be a good decision from the standpoint of SQ, which was far superior to Apple devices in general, but ultimately the business failure of Sony Connect left that community high and dry.

I still have working Sony devices from that era that still sound far superior to current Apple devices. Damn shame.

Do they sit on the same shelf as your betamax? ;)
Score: 2 Votes (Like | Disagree)

Popular Stories

Generic iOS 19 Feature Mock Light

iOS 19 Leak Reveals All-New Design

Friday January 17, 2025 2:42 pm PST by
iOS 19 is still around six months away from being announced, but a new leak has allegedly revealed a completely redesigned Camera app. Based on footage it obtained, YouTube channel Front Page Tech shared a video showing what the new Camera app will apparently look like, with the key change being translucent menus for camera controls. Overall, the design of these menus looks similar to...
2024 App Store Awards

Apple Explains Why It Removed TikTok From the App Store in the U.S.

Sunday January 19, 2025 6:58 am PST by
Apple on late Saturday removed TikTok from the App Store in the U.S., and it has now explained why it was required to take this action. Last year, the U.S. passed a law that required Chinese company ByteDance to divest its ownership of TikTok due to potential national security risks, or else the platform would be banned. That law went into effect today, and companies like Apple and Google...
iPhone 17 Air Size Feature

'iPhone 17 Air' With Rear Camera Bar Allegedly Shown in Leaked Photo

Tuesday January 21, 2025 12:46 pm PST by
A leaker known as "Majin Bu" today shared an alleged image of a component for the rumored, ultra-thin "iPhone 17 Air" model. The blurry, pixelated image shows a pair of rear iPhone shells with a pill-shaped, raised camera bar along the top. On the left side of the bar, there is a circular cutout that appears to be for a single rear camera. On the right side of the bar, there appears to be an ...
iPhone SE Dynamic Island Majin Bu

iPhone SE 4 Leak Shows Dynamic Island, Casts Doubt on Rumored 'iPhone 16E' Name

Monday January 20, 2025 9:01 am PST by
A new iPhone SE is widely rumored to launch this year, and the device has potentially been confirmed today by known leaker Evan Blass. In a private social media post, Blass shared an image of what appears to be source code mentioning an iPhone SE (4th Gen), which casts doubt on the alternative "iPhone 16E" name rumored for the device. However, the name in the source code could be a...
airtag 4 pack blue

AirTag 2 Launching This Year With These 3 New Features

Sunday January 19, 2025 8:11 am PST by
After a four-year wait, a new AirTag is finally expected to launch in 2025. Below, we recap rumored upgrades for the accessory. A few months ago, Bloomberg's Mark Gurman said Apple was aiming to release the AirTag 2 around the middle of 2025. While he did not offer a more specific timeframe, that means the AirTag 2 could be announced by the end of June. The original AirTag was announced...
iOS 19 Roundup Feature

iOS 19 Rumored to Be Compatible With These iPhones

Saturday January 18, 2025 10:28 am PST by
iOS 19 will not drop support for any iPhone models, according to French website iPhoneSoft.fr. The report cited a source who said iOS 19 will be compatible with any iPhone that can run iOS 18, which would mean the following models: iPhone 16 iPhone 16 Plus iPhone 16 Pro iPhone 16 Pro Max iPhone 15 iPhone 15 Plus iPhone 15 Pro iPhone 15 Pro Max iPhone 14 iPhon...
apple power beats pro 2

Powerbeats Pro 2 Coming Soon: Apple to Announce Them 'Imminently'

Sunday January 19, 2025 8:25 am PST by
In September, Apple said that it would be launching Powerbeats Pro 2 in 2025, and it appears the wireless earbuds are coming very soon. Powerbeats Pro 2 images found in iOS 18 code In his Power On newsletter today, Bloomberg's Mark Gurman said the Powerbeats Pro 2 are "due imminently." In addition to Apple filing the Powerbeats Pro 2 in regulatory databases last month, Gurman said Apple is...
Generic iOS 18

Everything New in iOS 18.3 Beta 3

Thursday January 16, 2025 12:39 pm PST by
Apple provided the third beta of iOS 18.3 to developers today, and while the betas have so far been light on new features, the third beta makes some major changes to Notification Summaries and also tweaks a few other features. Notification Summary Changes Apple made multiple changes to Notification Summaries in response to complaints about inaccurate summaries of news headlines. For...