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Comment Re:Why does purchase date matter? (Score 1) 71

So it would seem to me that unless they bought a second (Higher priced) iPod to replace or upgrade the existing then they did actually pay more because they were not forced to buy the first one.

Well the lawsuit has to place so many conditions. While it is true that FairPlay files on worked on iPods, users could have transcoded their files to MP3 with some loss of fidelity. Also the plaintiffs did not disclose the fact that the iPod didn't play PlaysForSure files either (and some players didn't).

Comment Re:Only in America... (Score 1) 71

Only in Corporate America would you need to
1: Trot out a specific individual who was damaged by crimes that affected millions.

If millions are affected how would you suppose that the millions get their day in court? Each of them filling millions of lawsuits in thousands of jurisdictions overloading the legal system? Well, thankfully in the current system, a handful of representatives are used to represent the entire class. By the way class action require at least one individual not exactly one individual.

2: Have that individual come up with documented proof of being one of those millions from many years ago.

Considering the suit started 10 years ago, I think if you cannot keep accurate documentation after you file a suit, the trial is the least of your concerns. The court should overlook this?

3: Have that individual nothing to the case because all discovery, evidence gathering, and argument will be based on the millions of victims, not the one.

Not sure what you are trying to say but the plaintiffs must establish that there was at least person suffered damages. The discovery is about both the individual and the millions.

4: Pray the court issues a guilty verdict that won't even cover the damages/ill-gained profits, let alone construe actual punishment.

In any lawsuit that is dependent on the host of factors including the skill of the plaintiffs. In this case, it's not starting well.

5: Continue to let the corporation engage in the same or extremely similar behavior.

Ok . . . so "remedies" mean nothing to you then?

6: Be thankful that you got a fraction of a fraction of the judgment, in the form of a gift card to use at the criminal's store.

Again that depends on the skill of the plaintiff's lawyers. Considering some class action suits are more about the lawyers getting rich than the plaintiffs getting relief, this does happen but in this case I highly doubt that the lawyers are being altruistic.

Comment Re:Only in America... (Score 1) 71

The claim is that iPods that millions of people bought cost more than they should have because of Apple's illegal practices.

Which is why the judge did not dismiss the suit but disqualified the plaintiff. The was the OP's complaint: that the plaintiff should not have been disqualified even if she didn't technically purchase an iPod. No, that is a legitimate reason to dismiss a plaintiff: she has no standing.

The rest of your post presupposes that Apple will be found liable.

There is absolutely no logical need for any single member of the class to be named as a principle plaintiff in a class action suit.

You missed the whole point of a plaintiff in a class action lawsuit; at least one person has to represent the entire class. If by your logic, millions have been affected then find it shouldn't be hard to find someone. In this case the lawyers simply didn't do their homework to make sure their plaintiffs were eligible.

Comment Re:Ambulance Chasing (Score 2) 71

At this point it's actually in Apple's interest to have the case resolved in their favor rather than dismissed. If the problem was that there wasn't a plaintiff, then another suit can be brought by another firm and another plaintiff which may take another 10 years. By this point most of the money has already been spent on the lawsuit. It was the same with SCO v IBM. IBM wanted it to go to trial so that they could make an example of SCO.

Comment Re:Only in America... (Score 1) 71

One was dismissed just because she didn't purchase them directly? Come on...

If your claim as a plaintiff is that you were damaged because your iPod cost more than it should have, you need to prove that you actually paid for the iPod. Again, that's the plaintiff's claim not Apple's claim.

Comment Re: What? (Score 1) 71

They were slightly less expensive if I recall. Back then the tradeoff was convenience or cost. With Apple's ecosystem things were seamless and worked with minimal effort but was more expensive. Other competing ecosystems were not as user friendly but they were cheaper. Since Amazon used MP3 their music system actually fit in best with using an iPod compared to others. All iTunes needed to know was which directory you kept your Amazon music and it would sync to it.

Comment Re:So Charmingly Naive (Score 2) 71

Yes they'll delete files. At the heart of the problem was that RealPlayer took advantage of a bug that allowed their files to mimic FairPlay. If RealPlayer can do it, others can. So if they close the bug, they need to remove the files as Apple cannot be sure of the origin. Also if the files are useless, they are taking up space. However if you used the iPod as a storage device, it accepted the files but not a music file to be played.

Submission + - Ireland Sanctions Phone and Email Tapping (irishtimes.com)

An anonymous reader writes: The Minister for Justice in the Republic of Ireland has signed into law authorisation for foreign law enforcement agencies to intercept emails and phone calls. It was signed in one day after Snowden revealed that the UK GCHQ had been directly tapping undersea lines co-owned by Vodafone and Eircom, the two largest ISPs in Éire, running between the UK and Ireland for "years". There was no referendum regarding the legalisation of communications interception, as well as little public knowledge of the enactment of it.

Submission + - Open source matters for sensitive email

Jason Baker writes: Can you really trust your email provider? And even if you self-host your email server, can you really trust its security if you can't see the code? Over on Opensource.com, Olivier Thierry makes three cases for using open source to power your email solution: The power of numbers, the value of trust, and the importance of leverage.

Submission + - Apple DRM lawsuit loses last plaintiff; judge rules against dismissal (appleinsider.com)

UnknowingFool writes: In the Apple DRM lawsuit, the last plaintiff in the case has been disqualified but due to the number of potential consumers affected, the judge has denied Apple's motion to dismiss. The plaintiffs' lawyers will have to find a qualified plaintiff. To recap, the suit lost both plaintiffs in the last week when Apple reported to the judge that their iPods were not eligible (iPods must be purchased between Sept 2006 and May 2009). The first plaintiff withdrew when all her iPods were found to be outside the time period. The second plaintiff produced one iPod that was not eligible but two others that were eligible; however, Apple challenged the two eligible ones as the plaintiff could not prove she purchased them. They were purchased by her ex-husband's law firm. With one of the main claims of suit being that the price of the iPod was raised due to Apple's actions it was important to establish that she purchased them.

At the heart of the case is that Apple's use of DRM harmed customers by raising the price of the iPod and that Apple removed other competitor's music from the iPod namely RealPlayer's Harmony music files. Apple does not dispute that it removed RealPlayer's files but contends it was done for security reasons as RealPlayer was able to get the music files onto the iPod by posing as Apple FairPlay files. In testimony, Steve Jobs called RealPlayer's move "a hack" and there was considerable discussion at the time.

Submission + - Photoswitch Therapy Restores Vision to Blind Lab Animals (gizmag.com)

Zothecula writes: A new genetic therapy that helped blind mice and dogs respond to light stimulus could restore sight to people who suffer from diseases such as retinitis pigmentosa (a gradual loss of vision from periphery inwards). The therapy uses chemicals known as photoswitches, which change shape when hit with light, to open the channels that activate retinal cells. Treated mice can distinguish between steady and flashing light, while dogs with late-stage retinal degeneration also regain some sensitivity to light.

Submission + - Bellard Creates New Image Format To Replace JPEG : Better Portable Graphics (BPG (bellard.org)

An anonymous reader writes: French Fabrice Bellard (creator of FFMPEG, QEMU, JSLinux...) proposes a new image format that could replace JPEG : BPG. For the same quality, files are about half the size of their JPEG equivalents. He released libbpg (with source) as well as a JS decompressor : compress your images, include bpg.js in your HTML and voilà ! He set up a demo including the famous Lena image.
Who will first want to reduce his bandwidth bill by compressing better the images he serves ? Flickr ? Google ? imgur ? Facebook ? What about hardware vendors ?

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