Late last week and early this week, both of the plaintiffs in the ongoing class action iPod lawsuit that Apple is fighting in court were disqualified, leading Apple to file for a dismissal. The judge presiding over the case ruled that the lawsuit would continue, however, and lawyers for the plaintiffs have now tracked down a replacement, reports The Wall Street Journal.

Barbara Bennett, a 65-year-old amateur ice dancer from Boston was flown into Oakland this morning to testify in the U.S. District Court. Bennett reportedly purchased an iPod in late 2006, which falls within the September 12, 2006 to March 31, 2009 dates covered in the lawsuit.

ipod-original

Bennett told the court how she learned to skate backwards and used iPods while skating. Attorneys questioned her about when she purchased the devices. The iPod Nano she bought in late 2006 appeared to qualify her as a class member.

"We're on the right track," Judge Rogers said to the attorneys after they interviewed Bennett.

Judge Rogers initially offered to put the trial on hold for two days to give Apple time to investigate new plaintiffs, but the company declined, leading the judge to continue the trial. She also informed Apple that the snafu over plaintiff purchase dates could give the Cupertino company a reason to appeal. "You now have an appealable issue," she told Apple attorneys.

The iPod lawsuit has received quite a bit of attention since it began last week, as it featured a video deposition and emails from former Apple CEO Steve Jobs. In the case, the plaintiffs have argued that Apple had an obligation to allow third-party companies to load music onto the iPod, and that its moves to block competitors created a monopoly.

Apple, however, has argued that pressure from record companies and a desire to protect customers from malicious content kept it from making iTunes and the iPod more accessible to third-party companies. The lawsuit, which seeks $350 million in damages, is expected to last for several more days, with the jury deliberating on a verdict next week.

Top Rated Comments

jhvaughan2 Avatar
138 months ago
Bennett told the court how she learned to skate backwards...
Kind of like the plaintiff's legal team.
Score: 13 Votes (Like | Disagree)
farewelwilliams Avatar
138 months ago
they googled "ebay 2006 ipod" and "craigslist actors"
Score: 8 Votes (Like | Disagree)
rickdollar Avatar
138 months ago
This is almost at the level of ambulance chasing. Have they done a late night, cheap television commercial as is done by law firms for pharma or product liability lawsuits?

Don't delay. Call now!
Score: 6 Votes (Like | Disagree)
wigby Avatar
138 months ago
Congratulations. How did they possibly find a person from 8 years ago that owned an iPod?
Score: 5 Votes (Like | Disagree)
louiek Avatar
138 months ago
Just what I was thinking. They need a plaintiff who has been damaged.

Did this plaintiff in question have DRM'd music from another vendor that was erased by Apple?

Maybe it's enough to prove they wasted money on an iPod thinking it would play their DRM'd library. However, I've just done a quick google and there were around 150 million iPods sold in that period. Assuming that one third of these were sold in the US (number pulled out of ass for mathematical convenience) then that $350 million equates to $7 per iPod (God I hope that's right) , which is the cost of a few songs. I hope if Apple loses, the court orders the money be paid to charity, because the idea of millions of $7 cheques being mailed out for something that happened over 5 years ago offends me on so many levels.
Score: 4 Votes (Like | Disagree)
jayducharme Avatar
138 months ago
This case is starting to sound like something out of The Onion. A 65-year-old amateur ice dancer? Really?
Score: 4 Votes (Like | Disagree)

Popular Stories

iPhone 17 Pro in Hand Feature Lowgo

iPhone 17 Pro to Reverse iPhone X Design Decision

Monday July 7, 2025 9:46 am PDT by
Since the iPhone X in 2017, all of Apple's highest-end iPhone models have featured either stainless steel or titanium frames, but it has now been rumored that this design decision will be coming to an end with the iPhone 17 Pro models later this year. In a post on Chinese social media platform Weibo today, the account Instant Digital said that the iPhone 17 Pro models will have an aluminum...
iOS 26 Feature

Everything New in iOS 26 Beta 3

Monday July 7, 2025 1:20 pm PDT by
Apple is continuing to refine and update iOS 26, and beta three features smaller changes than we saw in beta 2, plus further tweaks to the Liquid Glass design. Apple is gearing up for the next phase of beta testing, and the company has promised that a public beta is set to come out in July. Transparency In some apps like Apple Music, Podcasts, and the App Store, Apple has toned down the...
apple wallet drivers license feature iPhone 15 pro

Apple Says iPhone Driver's Licenses Will Expand to These 8 U.S. States

Tuesday July 8, 2025 11:26 am PDT by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Unfortunately, this feature continues to roll out very slowly since it was announced in 2021, with only nine U.S. states, Puerto Rico,...
apple account card feature

Apple Account Card Expanding to More Countries

Tuesday July 8, 2025 7:34 pm PDT by
Apple is expanding the ability to add an Apple Account Card to the Wallet app to more countries, according to backend Apple Pay changes. With iOS 15.5, Apple updated the Wallet app to allow users to add an Apple Account Card, which displays the Apple credit balance associated with an Apple ID. If you receive an Apple gift card, for example, it is added to an Apple Account that is also...
iphone 16 pro ghost hand

5 Reasons to Skip This Year's iPhone 17 Pro

Thursday July 10, 2025 4:54 am PDT by
Apple will launch its new iPhone 17 series in two months, and the iPhone 17 Pro models are expected to get a new design for the rear casing and the camera area. But more significant changes to the lineup are not expected until next year, when the iPhone 18 models arrive. If you're thinking of trading in your iPhone for this year's latest, consider the following features rumored to be coming...
iPhone 17 Pro in Hand Feature Lowgo

Leaker Reveals Amount of RAM in iPhone 17 Through iPhone 17 Pro Max

Wednesday July 9, 2025 8:08 am PDT by
Three out of four iPhone 17 models will feature more RAM than the equivalent iPhone 16 models, according to a new leak that aligns with previous rumors. The all-new iPhone 17 Air, the iPhone 17 Pro, and the iPhone 17 Pro Max will each be equipped with 12GB of RAM, according to Fixed Focus Digital, an account with more than two million followers on Chinese social media platform Weibo. The...
iphone 16 pro models 1

Here's How the iPhone 17 Pro Max Will Compare to the iPhone 17 Pro

Saturday July 5, 2025 1:00 pm PDT by
Apple should unveil the iPhone 17 series in September, and there might be one bigger difference between the Pro and Pro Max models this year. As always, the Pro Max model will be larger than the Pro model:iPhone 17 Pro: 6.3-inch display iPhone 17 Pro Max: 6.9-inch displayGiven the Pro Max is physically larger than the Pro, it has more internal space, allowing for a larger battery and...
imac video apple feature

Apple Launching These 15+ Products Later This Year

Sunday July 6, 2025 8:05 am PDT by
The calendar has turned to July, meaning that 2025 is now more than half over. And while the summer months are often quiet for Apple, the company still has more than a dozen products coming later this year, according to rumors. Below, we have outlined at least 15 new Apple products that are expected to launch later this year, along with key rumored features for each. iPhone 17 Series iPho...