Apple's Motion to Dismiss Denied in Antitrust Case

A federal court last week denied Apple's motion to dismiss an antitrust suit brought by a disgruntled iTunes Music Store customer, AppleInsider has discovered.

In January, Thomas Slattery filed a class action suit against Apple in the U.S. District Court for the Northern District of California, alleging that the company is violating federal antitrust laws and California's unfair competition law by requiring that customers use an iPod in order to listen to music purchased from its industry-leading iTunes Music Store.

In the 9-page ruling dated Sept. 9th, United States District Judge James Ware did side with Apple in dismissing a few individual claims. Specifically, Ware threw out a claim arguing that Apple has been unjustly enriched from sales of iTunes and iPods. The Judge also dismissed two claims of attempted monopolization against the iPod maker, but granted Slattery and his attorneys a month to amend the two arguments.

News source: AppleInsider

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Wow, the Apple defence team is out in force here.


If Microsoft can be successfully sued for bundling stuff in Windows (IE integration), then every pro-Apple argument I just read here is out in left field, because it's EXACTLY the same thing. People are saying, "Don't like it? Buy something else." Well, you know what? "Don't like Windows? Buy something else."


The only problem is, the judge didn't fall for that one the first time with MS. Why expect Apple to get away with it now?