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
121 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
121 months ago
they googled "ebay 2006 ipod" and "craigslist actors"
Score: 8 Votes (Like | Disagree)
rickdollar Avatar
121 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
121 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
121 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
121 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

iOS 17

10 New Things Your iPhone Can Do in Next Week's iOS 17.4 Update

Friday March 1, 2024 1:30 am PST by
Apple will this month release iOS 17.4, its biggest iPhone software update of the year so far, featuring a number of features and changes that users have been anticipating for quite a while. Below, we've listed 10 new things that your iPhone will be able to do after you've installed the update, which is projected to arrive by March 7. When the day arrives, be sure to check Settings ➝...
Apple Maps vs Google Maps Feature

Apple Maps vs. Google Maps: Which Is Better?

Friday March 1, 2024 7:10 am PST by
Apple Maps has been providing navigational guidance to Apple users for almost 13 and a half years now, and much has changed about the app in that time. However, according to data from Canalys, the overwhelming majority of iPhones in the U.S. still have Google Maps downloaded as an alternative to Apple Maps, which comes preinstalled on all iPhones. We want to hear from MacRumors readers. Which do...
Google maps feaure

Google Maps Finally Rolls Out Glanceable Directions

Wednesday February 28, 2024 2:07 am PST by
After more than a year since announcing the feature, Google Maps is finally rolling out glanceable directions on Android and iOS (via Android Police). The feature allows users to view turn-by-turn directions and a live ETA directly from their device's lock screen – information that was previously only visible when a phone was unlocked. Glanceable directions also work on the app's route...
apple tv plus banner

Apple TV+ Gains Over 50 Movies for a Limited Time

Friday March 1, 2024 6:29 am PST by
Apple TV+ today gained over 50 movies, adding to its back catalog of content for a limited time. The collection includes a large number of popular and classic titles. Subscribers can access the movies in a "Great Movies on Apple TV+" section in the Apple TV app. Some titles are also available in 3D. Movies in the collection include: 21 Jump Street 300 American Sniper Argo ...
iOS 18 Mock iPhone 16 Feature Gray

iOS 18 Rumored to Be Compatible With These iPhone Models

Tuesday February 27, 2024 6:31 am PST by
iOS 18 will be compatible with the iPhone XR, and thereby also the iPhone XS and iPhone XS Max models with the same A12 Bionic chip, according to a post on X today from a private account with a proven track record of sharing build numbers for upcoming iOS updates. The post was spotted by MacRumors contributor Aaron Perris, and it has since been deleted. However, this was likely because the...
M3 MacBook Air Feature

New MacBook Air Models Launching This March: 5 Features to Expect

Wednesday February 28, 2024 1:50 am PST by
The existing 15-inch MacBook Air arrived in June 2023, which is not that long ago in terms of Mac update cycles. However, Apple released the current 13-inch ‌MacBook Air back in June 2022. It is now the oldest Mac in Apple's current crop, having not been updated in 600 days. But rumors suggest that is unlikely to be the case for much longer. According to Bloomberg's Mark Gurman, Apple has...
airpods pro 2 pink

Apple Releases New Beta Firmware for AirPods Pro 2

Thursday February 29, 2024 11:41 am PST by
Apple today introduced a new beta firmware update for the AirPods Pro 2, both the USB-C and Lightning versions. The new firmware is version 6E188, up from the prior 6B34 firmware released in December. Apple does not often provide details or notes on what features might be included in the refreshed firmware, so it is unclear what's new. Note that this software is limited to developers at the...