Apple Must Face Lawsuit for Telling Consumers They Can 'Buy' Movies, TV Shows
Friday April 23, 2021. 04:04 PM , from Slashdot
If possession is nine-tenths of the law, what happens when possession gets slippery? From a report: That's a question for a federal courtroom in Sacramento, California, where Apple is facing a putative class action over the way consumers can 'buy' or 'rent' movies, TV shows and other content in the iTunes Store. David Andino, the lead plaintiff in this case, argues the distinction is deceptive. He alleges Apple reserves the right to terminate access to what consumers have 'purchased,' and in fact, has done so on numerous occasions. This week, U.S. District Court Judge John Mendez made clear he isn't ready to buy into Apple's view of consumer expectations in the digital marketplace. 'Apple contends that '[n]o reasonable consumer would believe' that purchased content would remain on the iTunes platform indefinitely,' writes Mendez. 'But in common usage, the term 'buy' means to acquire possession over something. It seems plausible, at least at the motion to dismiss stage, that reasonable consumers would expect their access couldn't be revoked.' Apple tried other ways to slip away from claims of false advertising and unfair competition. For example, it tried the time-tested approach of challenging Andino's 'injury' to knock his potential standing as a plaintiff.
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