Whether they are a monopoly or not doesn't matter (Score 1)

What matters is if they have market power (http://en.wikipedia.org/wiki/Market_power) and whether they are using that market power in anti-competitive ways (price manipulation, creation of barriers to entry, etc). I think it is pretty clear that Apple has market power within the smart phone and mp3 markets. I think it is also pretty clear that they have been abusing this power to favor their own products (They used their monopoly in the mp3 sales market to lock their users into their own DRM and then force them to use apple products to play those songs).