Lawyers in iPod Class Action Lawsuit Track Down New Plaintiff

by

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
80 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
80 months ago
they googled "ebay 2006 ipod" and "craigslist actors"
Score: 8 Votes (Like | Disagree)
rickdollar Avatar
80 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
80 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
80 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
80 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)

Top Stories

lg wing

LG Considering Exit From Smartphone Business, Halts LCD Production for iPhone

Wednesday January 20, 2021 5:38 am PST by
LG is considering exiting the smartphone business entirely amid declining shipments and accrued losses of $4.5 billion over the past five years (via The Korea Herald). LG CEO Kwon Bong-Seok cautioned staff earlier today that the company is re-evaluating its presence in the smartphone industry: Since the competition in the global market for mobile devices is getting fiercer, it is about...
2019 mac pro side and front

Tim Cook Gifted Donald Trump 'First' 2019 Mac Pro

Wednesday January 20, 2021 5:45 pm PST by
Apple CEO Tim Cook gifted former United States President Donald Trump with the first 2019 Mac Pro that came off of the assembly line in Austin, Texas, according to a financial disclosure report that was released today (via The Verge). "Mac Pro Computer, the first created at the Flex Factory in Austin, Texas," reads the entry, which values the machine at $5,999, the base price for a Mac Pro....
Apple VR Feature

Bloomberg: Apple's First AR/VR Headset 'Pricey, Niche Precursor' to More Ambitious AR Glasses and Could Launch Next Year

Thursday January 21, 2021 3:27 am PST by
Apple's first virtual reality headset will be a "pricey, niche precursor" to a more ambitious augmented reality product, according to a new report from Bloomberg's Mark Gurman. As a mostly virtual reality device, it will display an all-encompassing 3-D digital environment for gaming, watching video and communicating. AR functionality, the ability to overlay images and information over a view...
Flat MacBook Air Feature

Bloomberg: Apple Working on 'Thinner and Lighter' High-End MacBook Air With MagSafe, Could Launch in Second Half of 2021

Friday January 22, 2021 3:34 am PST by
Apple is working on a "thinner and lighter" version of the MacBook Air that the company plans to release during the second half of this year at the earliest or in 2022, according to a new report by well-connected Bloomberg journalist Mark Gurman. It will include Apple's MagSafe charging technology and a next-generation version of the company's in-house Mac processors. Apple has discussed...
iOS 15 icon mock banner

iOS 15 Rumored to Drop Support for iPhone 6s and 2016 iPhone SE

Thursday January 21, 2021 11:58 am PST by
Apple's upcoming iOS 15 operating system, which we expect to see unveiled in June, is rumored to be dropping support for a few of Apple's older iPhones. According to French site iPhoneSoft, iOS 15 will not be able to be installed on the iPhone 6s, the iPhone 6s Plus, or the 2016 iPhone SE, all of which have an A9 chip. The iPhone 6s and 6s Plus were introduced in 2015 and are now more...
iphone 12 vs iphone 12 mini

Apple Shifting Some Production From iPhone 12 mini to iPhone 12 Pro to Meet Demand

Wednesday January 20, 2021 8:12 am PST by
Apple has reportedly cut production of the iPhone 12 mini by two million units to create more manufacturing capacity for the iPhone 12 Pro, according to a new Morgan Stanley investment note seen by PED30. Apple is believed to have made the switch for the first quarter of 2021 in an effort to combat continuing lead times for the more popular iPhone 12 Pro. iPhone 12 Pro lead times remain ...
iPhone 13 Notch Feature

iPhone 13 Rumored to Feature Smaller Notch, Pro Model Cameras to Use Larger Image Sensor

Thursday January 21, 2021 1:38 am PST by
Apple's iPhone 13 series will feature a redesigned Face ID system that will allow for a smaller notch at the top of the screen, according to a new report today. The rumor comes via hit-and-miss Taiwanese industry publication DigiTimes, whose supply chain sources also claim that the ultra wide-angle lens in Apple's next-generation iPhones is due for an upgrade. The next-generation iPhones'...
maxresdefault

Video Demos macOS Catalina Running on iPad Pro via x86 Emulation

Thursday January 21, 2021 11:36 am PST by
A video demonstrating macOS Catalina running on a current 2020 iPad Pro has been shared on YouTube, giving us a look at an interesting hack that has a Mac OS up and working on one of Apple's iPads. There's limited information about how the process of getting macOS Catalina on an iPad Pro works, but it uses x86 emulation and was done through the UTM software that allows virtual machines to...
iOS 14

Apple Seeds iOS 14.4 and iPadOS 14.4 Release Candidate to Developers and Public Beta Testers

Thursday January 21, 2021 10:14 am PST by
Apple today seeded the RC version of upcoming iOS 14.4 and iPadOS 14.4 updates to developers for testing purposes, with the new betas coming a week after Apple released the second betas. iOS 14.4 and iPadOS 14.4 can be downloaded through the Apple Developer Center or over the air after the proper profile has been installed on an iPhone or iPad. Paired with the HomePod 14.4 beta that is...
iPhone OIS Feature2

Sensor-Shift Camera Stabilization Rumored to Expand to Entire iPhone 13 Lineup

Wednesday January 20, 2021 7:46 am PST by
The entire iPhone 13 lineup will feature sensor-shift optical image stabilization, compared to only the iPhone 12 Pro Max among current models, according to a brief story preview shared today by Taiwanese publication DigiTimes. "Apple's next-generation iPhones slated for launch in the second half of 2021 will all come with sensor-shift stabilization technology, according to industry...