Lawyers in iPod/iTunes Class Action Suit Find a New Plaintiff

Lawyers in iPod/iTunes Class Action Suit Find a New Plaintiff

After losing both plaintiffs in their antitrust class action suit against Apple over DRM in the iTunes Store and on their iPod music players, attorneys were able to find another plaintiff to step in and represent the class in their case against Apple.



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.

The Wall Street Journal reports that Bennett told the court how she learned to skate backwards while listening to the iPod during practice. The iPod nano that Bennett purchased in late 2006 appears to qualify her as a class member.

“We’re on the right track,” Judge Yvonne Gonzales Rogers told attorneys after they interviewed Bennett.

Judge Rogers had offered to put the trial on hold for two days to allow Apple’s attorneys to investigate new plaintiffs, but the company declined the offer, and the judge continued the trial. She also let Apple know that the issue of the purchase dates could give the company a reason to appeal. “You now have an appealable issue,” she told Apple attorneys.

The trial, over whether Apple had an obligation to allow third-party companies to load their content onto iPods, and whether by blocking competitors from the device constituted a monopoly, began last week. Highlights have included emails and a video deposition from late Apple CEO Steve Jobs.

The case is expected to last several more days, with the jury expected to begin deliberations on a verdict sometime next week.


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