Friday saw one of the two named plaintiffs in the class-action suit covering Apple’s FairPlay DRM being withdrawn from the case by their attorneys. It’s possible that neither of the two named plaintiffs in the case are actually members of the class they represent.
Plaintiff Melanie Tucker was removed from the case after it was discovered that her iPod purchases did not fall within the span covered by the lawsuit, according to the New York Times. Tucker purchased an iPod touch in 2010 and an iPod in 2005, while the lawsuit addresses purchases between Sept. 12, 2006 and March 31, 2009.
The remaining plaintiff’s standing is still in limbo, as Apple told the court on Thursday that the serial number on Marianna Rosen’s iPod indicates she purchased the device in June 2009, which is outside the timeframe to be included in the lawsuit. Rosen maintains she purchased another iPod touch in 2008.
“I am concerned that I don’t have a plaintiff,” Judge Yvonne Gonzales Rogers said. “That’s a problem.”
It’s unknown when the judge may rule on Rosen’s eligibility. If Rosen is also found to be ineligible, it could take the entire lawsuit down for the count. The class-action suit seeks $350 million in damages, charging Apple’s FairPlay DRM allowed the company to monopolize the music player market via their iPod and iTunes Music Store.