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  #1  
Old 10th May 2012, 10:22 PM
nonamedotc Offline
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linuxfirefox
Apple iPod iTunes Antitrust Litigation

Warning: Legal mumble-jumble!

Quote:
United States District Court for the Northern District of California
Case No. C-05-00037-JW
NOTICE OF PENDENCY OF CLASS ACTION
TO: All Persons or Entities in the United States Who Purchased One of the Listed Ipod Models Directly from Apple Between September 12, 2006 and March 31, 2009 (the “Class”).
Please Read this Notice Carefully and in its Entirety.
Your Rights May Be Affected by Proceedings in this Litigation.
This Notice has been sent to you pursuant to an Order of the United States District Court for the Northern District of California. The purpose of this Notice is to inform you that you have been identified as a potential member of the Class described above so that you can decide whether to remain a Class Member or to exclude yourself or your company from the Class. If you want to stay in this Class Action, you need not do anything now, and you will be bound by the Court’s rulings in the lawsuit. If you do not want to participate in this Class Action or have your rights affected by it, you must request exclusion as described in this Notice by July 30, 2012.
This is not a solicitation from a lawyer.
This Notice is not an expression of any opinion by the Court about the merits of any of the claims or defenses asserted by any party to this litigation. The Court has not decided whether Defendant Apple Inc. (“Apple”) has done anything wrong. Apple has not been ordered to pay any money. There has been no settlement.
I. SUMMARY OF THE LITIGATION
Apple sells iPods directly to customers through its online and retail stores and directly to Apple authorized resellers. The lawsuit claims that Apple violated federal and state laws by issuing software updates in 2006 for its iPod that prevented iPods from playing songs not purchased on iTunes. The lawsuit claims that the software updates caused iPod prices to be higher than they otherwise would have been. Apple denies that it did anything wrong and asserts that the software updates challenged by Plaintiffs improved its products, were good for consumers, and had no effect on iPod prices. The Court has not yet decided whether Plaintiffs or Apple is correct.
On November 22, 2011, the Court allowed the case to proceed as a class action for all persons and entities that purchased certain iPod models between September 12, 2006 and March 31, 2009. The specific models of iPods covered by the Class Definition can be found at www.ipodlawsuit.com.
The Court appointed Plaintiffs as Class representatives, appointed Robbins Geller Rudman & Dowd LLP as Class Counsel, and directed that this Notice be sent to potential Class Members informing them of the pending litigation.
II. EXAMINATION OF PAPERS
This Notice is just a summary and does not describe all of the details of the litigation. For more details about the matters discussed in this Notice, you may desire to review certain documents related to the litigation. Several documents, including the Complaint, Apple’s Answer to the Complaint and the Court’s Order certifying the Class are available for review at www.ipodlawsuit.com. The documents filed in the case may also be inspected during business hours at the office of the Clerk of the United States District Court for the Northern District of California, San Francisco Division, 450 Golden Gate Avenue, San Francisco, CA 94102, or by visiting the Court’s Public Access to Court Electronic Records (“PACER”) website at https://ecf.cand.uscourts.gov/cand/index.html.
Additional information can also be obtained from the Notice Administrator, Rust Consulting, Inc. by calling 1-877-760-8875.
III. TO REQUEST EXCLUSION FROM THE LITIGATION
You have to decide whether to stay in the Class or ask to be excluded by July 30, 2012.
You do not need to do anything to be a member of the Class and to participate in any recovery the Plaintiffs may obtain for the Class and you will not incur any cost for doing so. As a Class Member, you will be represented by Plaintiffs and Class Counsel. However, if you choose, you may enter an appearance through your own counsel, at your expense. If you remain a member of the Class, you may not be permitted to pursue an individual action against Apple regarding the subject matter of this litigation.
If you do not want to remain a Class Member, if you do not want to be bound by what the Court does, or if you want to retain your right to pursue your own independent action against Apple for the claims in this case at your own expense, you must ask to be excluded from this Class Action. To ask to be excluded (which is the same as removing yourself from the Class or “opting-out”), you must send an “Exclusion Request” in the form of a letter sent by mail, to the Notice Administrator at Apple iPod iTunes Antitrust Litigation, c/o Rust Consulting, Inc., P.O. Box 8038, Faribault, MN 55021-9438 stating that you want to be excluded from In re Apple iPod iTunes Antitrust Litigation. Your “Exclusion Request” should include your name and address. To be valid, your letter asking to be excluded from the Class must be signed and postmarked no later than July 30, 2012.
If you properly submit a timely request to be excluded from the Class, you will not be bound by what the Court does and will not be eligible to receive any benefits that Plaintiffs may ultimately obtain in the case through judgment or settlement. You will, however, retain whatever legal rights you may have against Apple with regard to the claims that are the subject of this litigation.
DO NOT CALL THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE.
Dated: March 29, 2012 BY ORDER OF THE COURT
Honorable Chief Judge James Ware
United States District Court
for the Northern District of California
Seriously?! Everyone who bought an ipod?!
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  #2  
Old 11th May 2012, 02:36 AM
birdwatcher
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macossafari
Re: Apple iPod iTunes Antitrust Litigation

I didnt read the whole thing but is it a fraud or what? Asking People not to call souds a bit odd but maybe that is standard procedure?
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  #3  
Old 11th May 2012, 02:45 AM
nonamedotc Offline
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linuxfirefox
Re: Apple iPod iTunes Antitrust Litigation

I thought so too. But, it is probably not fraud. See this article on CNN.
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  #4  
Old 11th May 2012, 03:08 AM
ElderSnake Offline
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linuxubuntufirefox
Re: Apple iPod iTunes Antitrust Litigation

Hehe, I'm so glad I banned myself from buying any Apple products a while back.
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  #5  
Old 11th May 2012, 03:18 AM
BBQdave Offline
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linuxfirefox
Re: Apple iPod iTunes Antitrust Litigation

Quote:
Originally Posted by ElderSnake View Post
Hehe, I'm so glad I banned myself from buying any Apple products a while back.
Yeah, me too

An iPod nano and 2 shuffles later (all toast within a year each), I am cruising along with a Sansa Clip-plus.

I go for hikes most everyday with the kids, so I put music players through hell. Do not expect much longevity out of 'em... but 2 + years later, Sansa Clip still going strong and it plays ogg vorbis files

Maybe the class action should include the sale of crap hardware at a premium price
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  #6  
Old 11th May 2012, 03:21 AM
ElderSnake Offline
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linuxubuntufirefox
Re: Apple iPod iTunes Antitrust Litigation

It's a good point, all the iPods in my family seem to mysteriously start dying after a year of use
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  #7  
Old 11th May 2012, 04:09 AM
nonamedotc Offline
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linuxfirefox
Re: Apple iPod iTunes Antitrust Litigation

Quote:
Originally Posted by ElderSnake View Post
Hehe, I'm so glad I banned myself from buying any Apple products a while back.
I have never bought a apple product for myself either. My sister, however, wanted one of those and I bought it for her 3 or 4 years back! I don't use music players at all - mostly use Pandora!
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  #8  
Old 11th May 2012, 02:18 PM
birdwatcher
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macoschrome
Re: Apple iPod iTunes Antitrust Litigation

I don't know that much about laws. But a follow up to this story will be interesting reading, doubt they will win this case against apple tho.
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