Apple sued for illegal monopoly on digital music market
Posted by Dennis Sellers
Jan 3, 2008 at 8:00pm
Another day, another lawsuit. An antitrust lawsuit filed against Apple on Dec. 31 charges the company with maintaining an illegal monopoly on the digital music market (as noted by Information Week).
Plaintiff Stacie Somers, represented by attorneys Craig Briskin and Steven Skalet of Mehri & Skalet PLLC, Alreen Haeggquist of Haeggquist Law Group, and Helen Zeldes, alleges that Apple dominates the market for online video, online music, and digital music players and that its dominance constitutes a violation of the Sherman Antitrust Act. The attorneys are seeking to have their lawsuit certified as a class action.
“Apple has engaged in tying and monopolizing behavior, placing unneeded and unjustifiable technological restrictions on its most popular products in an effort to restrict consumer choice, and to restrain what little remains of its competition in the digital music markets,” the complaint states. “Apple’s CEO Steve Jobs had himself compared Apple’s digital music dominance to Microsoft’s personal computer operating system dominance, calling Apple’s Music Store ‘the Microsoft of music stores’ in a meeting with financial analysts.”
The lawsuit complains about Apple’s refusal to support the Windows Media Audio format. “Apple’s iPod is alone among mass-market Digital Music Players in not supporting the WMA format,” it states, noting that America Online, Wal-Mart, Napster, MusicMatch, Best Buy, Yahoo Music, FYE Download Zone, and Virgin Digital all support protected WMA files.
The “Macsimum MWSF 2007 Coupon Book” is available for download. You can find it here and print it as a PDF. It has discounts, special offers and promotions in conjunction with the upcoming Macworld Conference & Expo in San Francisco.
Mark Says:
“Apple’s iPod is alone among mass-market Digital Music Players in not supporting the WMA format,”
Really? So, Apple is the only one fighting the monopoly, right?
I find these allegations quite laughable.
Posted on January 03, 2008
J. Scott Anderson Says:
Interesting how they did not fail to quote Steve Jobs on his comparison statement, but seem to have neglected Mr. Jobs open letter to the media content community calling for the removal of all DRM–it being useless and hindering to business. And they seem to have missed the part where the iTunes music store has a DRM free section. And they seem to be ignorant of the fact that the iPod will quite capably play standard open MP3 and MP4 audio.
Seems the only thing it cannot play is the inferior and extremely laden DRM WMA format. Not that anyone that I know is complaining. The iPod/iTMS combination was developed to make sure that the Macintosh was not shut out of the music arena by a very monopolistic Microsoft. It is a testament to Apple’s products that something designed to help Apple’s computer line ended up taking over the world of digital music–I use the term loosely.
I said I use the term “digital music” loosely because they are obviously trying to refer to being able to directly use the iPod to sync up with WMA using client software, yet CDs and satellite radio are all “digital music” and Apple has nothing to do with those.
Bottom line is that I don’t see where this can go unless they are just hoping for another judge ignorant of technology to make rulings that defy logic.
Posted on January 04, 2008
DAG Says:
I hope the Judge hurls these ambulance chasers out of court and reports them to the state bar for their malpractice. This case has NO MERIT.
I can buy music from Amazon or other mp3 formatted sites and feed my iPod and iTunes. I can buy music from iTunes, on Windoze or a Mac, and burn every last song to a CD in a format that will play anywhere (AIFF).
PC users have full access to iTunes content, just like any Mac user, if they install iTunes on their computer. Mac users do not have the same option, as Micro$oftopoly chooses to keep Janus DRM off of the Mac platform.
Posted on January 04, 2008
Ted Says:
You guys have to stop denying that Mac has your balls in a vice. All the songs you have now can be upgraded to plus, for 30 cents each. And songs a dollar each? Open your eyes, there are so many alternatives. But what do I know, I’m an open source fan who is on a tight budget and likes good music quality at realistic prices. Not to mention, I have to treat my iPod (my first and last Apple product) with more care then i will treat my future baby, just to keep it running. Have you guys done a price check on Mac hardware? The prices are laughable. The site here says for an iMac 2.4 ghz dual core, 20” monitor, 1gb memory, 320gb hard drive, and a mediocre video card, it’ll cost you $1500. Though “customizable,” the options are slim if existent.
But anyways, it’s refreshing to see that somebody is finally against Apple. User-friendly does not always mean the best price vs. functionality.
Posted on January 06, 2008
J. Scott Anderson Says:
Ted:
You have to explain how Apple has me. I acquire music from many places and in many ways. So…how does Apple have me?
Ah, and the old build-it-yourself argument raises its head again (reading between the lines). Believe or not, many, many people actually do prefer to purchase their products rather than building them for themselves. Shocking I know, but there you have it. In fact, just today I drove by a place where they had automobiles already built and ready to roll down the road. Imagine that. Don’t these people know that we a little studying and some basic tools, they can build their own for better and cheaper, too! Silly people.
Posted on January 06, 2008
Article Information
Comment on this Article Print this Article Email this Article Digg This
Contributor
Dennis Sellers
Dennis has been a newspaper editor/reporter (seven years) and teacher (seven years). He has over 4,000 magazine, newspaper and online articles to his credit. He has also covered the Mac and tech industries for over a decade for such online publications as MacCentral, MacMinute and now MacsimumNews.







Ed B Says:
You have got to be kidding me.
Posted on January 03, 2008