Apple’s motion for the dismissal of the ongoing class action lawsuit concerning its iPod music player has been denied.
As reported by The Wall Street Journal:
U.S. District Judge Yvonne Gonzalez Rogers said she would hold a hearing Tuesday—out of earshot of the jury—on the qualifications of the new representatives. Lead plaintiffs’ counsel Bonny Sweeney told the judge she had more iPod customers “ready and willing” to step into the case.
The lawsuit, whose trial is entering its second week, accuses Apple of crippling competition in the digital music space by implementing digital rights management (DRM) protocols that effectively locked iPod users in to the company’s iTunes ecosystem. Specifically, between September 2006 and March 2009, the lawsuit maintains, the company blocked iPod users from playing music purchased through rival music services.
But one of the plaintiffs was withdrawn from the case last week after Apple discovered that she purchased her iPod touch in July 2009, months after the period in question. The company then filed a request to have the case dismissed altogether, a move which was challenged by the proposed addition of a new plaintiff, who bought an iPod touch around May 2008.
The lawsuit could secure up to $350 million in damages for the plaintiffs.
The trial for the case has featured the late Apple cofounder and CEO Steve Jobs as a star witness, with his video deposition, recorded about six months before his death in 2011, having been played in court. According to Jobs, the lock-in was a result of the use of a DRM system that was carried out by Apple as part of its copyright contracts with music labels.
See also: Former Apple supply manager sentenced with prison time and fine over kickback scheme, Apple denied appeal to dismiss class action lawsuit over California labor code violations, and Apple’s ‘App Store’ trademark appeal goes down in Australia.