The 1 Billion Lawsuit case against Apple took a twist as new evidence put forward by lawyers for Apple which may see the case going through the door.
Tech giant Apple is currently before the court facing charges for its ‘anti-competitive’ policies that sees iPod users not being able to purchase music from competitors.
The lawyers for Apple have put forth new evidence that challenges the right of the two women named as plaintiffs to sue Apple for its practices as they may not have purchased iPod models covered by the lawsuit. The 1 Billion Lawsuit case against Apple is trying to see if Apple has abused its dominant position in the digital music market.
The 1 Billion Lawsuit case against Apple covers iPods purchased between September 2006 and March 2009. During that period Apple used software that meant only music purchased from its iTunes store could be played on its devices.
According to reports by the New York Times after checked by Apple team on the serial numbers of the iPods owned by the plaintiffs, they have determined that both were purchased after the period affected by the class action, Ms. Tucker purchased an iPod Touch in August 2010 which is outside the class period according to Apple lawyers.
Both plaintiffs had claimed that they purchased other iPods within the qualifying dates, but Apple has been unable to find any record of these models. Apple lawyers are therefore asking for proof of purchase to be produced.
U.S. District Judge Yvonne Gonzalez Rogers who is overseeing the case in regards to the new evidence put forward by Apple said that “I am concerned that I don’t have a plaintiff,” she said. “That’s a problem.” She then said that she will independently research the matter and that if there is no plaintiff the case could be halted or stalled indefinitely.
According to BBC “Lawyer Bonny Sweeny said that her team was checking for other receipts. She conceded that while Ms Wilson’s iPod may not be covered, an estimated eight million consumers are believed to have purchased the affected devices.”