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Apple trial continues, without a plaintiff for now
Seattle PI ^ | December 8, 2014 Updated 5:31 pm, Monday, | By BRANDON BAILEY

Posted on 12/08/2014 10:40:29 PM PST by Swordmaker

Edited on 12/09/2014 12:12:17 AM PST by Admin Moderator. [history]

OAKLAND, Calif. (AP)

(Excerpt) Read more at seattlepi.com ...


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: antitrustsuit; apple; classactionlawsuit; digitalrightsmgmt; drm; finos; ipod; maccult; monopoly; musicindustry; shakedown
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To: dayglored
the plaintiffs are going about this like idiots, and their counsel is compounding the idiocy.

It's pretty obvious there ARE no real plaintiffs and never were. In this case "counsel" are the real plaintiffs and yes they are idiots.

This is of course true of pretty much all class-action suits. It is just seldom this open.

21 posted on 12/09/2014 3:07:02 AM PST by Sherman Logan
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To: Swordmaker
anyone could rip their own CDs for music for their iPods.

Or a friend's CD, or a CD rented from the library, or the massive amounts of music online others had ripped and posted...

22 posted on 12/09/2014 3:11:15 AM PST by Sherman Logan
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To: Swordmaker

So how can there be a trial if there’s no plaintiff with standing?


23 posted on 12/09/2014 3:18:32 AM PST by Real Cynic No More (Border Fence Obamacare!)
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To: Abby4116

You can use an iPod + iTunes to transfer all your music from one computer to another, which is what you are describing.

Don’t blame the manufacturer if you don’t know your tools.


24 posted on 12/09/2014 4:11:59 AM PST by ctdonath2 (Si vis pacem, para bellum.)
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To: SWAMPSNIPER
What about Kindle? They won’t handle epub or pdf files. Thing is you should research before you buy. I wanted to use OPEN LIBRARY so I bought a NOOK. No way can I afford all the books I read, and there are a lot more choices in epub format.

I think Calibre can convert most epub formats (including PDF) to a file readable by Kindle. My wife used it a lot a few years back, but hasn't used it much lately (mostly reading things available from Amazon, or actual physical books from the library).

25 posted on 12/09/2014 6:21:48 AM PST by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: Abby4116; Swordmaker
I see that others have already responded to your comment, so I'll only add this:

I believe your difficulty/problem stems from not understanding how iTunes on your computer works with your iPod. Regardless of model iPod (and I've had half a dozen going back to the original hard-drive models), you can manage (edit, etc.) the contents of your iPod using your computer. And if your computer changes or breaks, you can register the iPod with multiple computers over time.

So whoever told you the info you're working with, had it wrong. I encourage you to learn and experiment a little to gain greater understanding and correct your misapprehension. There's no reason to be unhappy, given what you wrote.

Best of luck and FRegards...

26 posted on 12/09/2014 6:32:09 AM PST by dayglored (Listen, strange women lying in ponds distributing swords is...sounding pretty good about now.)
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To: Swordmaker

American citizens (We the people) don’t have “standing” to sue FedGov for their violations of the Constitution, but a team of trial lawyers has standing to sue with no plaintiff at all? There is something seriously wrong with our courts.


27 posted on 12/09/2014 7:21:56 AM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Swordmaker

I know too many people who did the right thing and purchased the music for their Apple device only to have the Apple device fail and be denied any recourse to recover the music they purchased without repurchasing the music. Denied access to the music they paid for they ultimately learned how to hack the system and recover their lost music files despite the DRM and refusal of Apple to help them recover or restore the files they paid for.

Whether or not the Apple tie-up is restrictive depends upon how Apple implements DRM in addition to anything else which might have otherwise allowed a tie-up to be not restrictive enough to warrant a finding of an unfair trade practice.

Personally, I’m one of the people who are of the opinion that DRM of copyrighted material is unconstitutional and contrary to natural law in the first place. But that is another long and drawn out controversy....


28 posted on 12/09/2014 7:23:44 AM PST by WhiskeyX
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To: WhiskeyX

So, is the Keurig coffee maker an illegal product? What about HP printers with Prop cartridges? Or Burton Snowboards, with a prop binding connection?

Seems ridiculous...


29 posted on 12/09/2014 7:34:47 AM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery ea)
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To: jacquej

bookmark for later


30 posted on 12/09/2014 7:37:09 AM PST by jacquej ("You cannot have a conservative government with a liberal culture." (Mark Steyn))
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To: SWAMPSNIPER
What about Kindle? They won’t handle epub or pdf files. Thing is you should research before you buy. I wanted to use OPEN LIBRARY so I bought a NOOK. No way can I afford all the books I read, and there are a lot more choices in epub format.

Same here. The vast majority of my books are epubs. I think I've got 3 kindle books, and the only reason I have them is because Bracken doesn't publish in epub. I've actually done a bit of editing with epubs. It' a pretty straightforward format, and is completely open, so you aren't locked into any specific vendor. First thing I do with epubs from B&N is to strip the DRM from it.

I think this particular lawsuit is crap. Back in the day, if you didn't want to deal with Apple's DRM nonsense, you'd just buy another player. That's what I did. I've never actually owned an iPod. Don't care for it's lack of SD slots, but that's my own preference. I'm certainly not going to force my desires on anyone else.

31 posted on 12/09/2014 7:43:00 AM PST by zeugma (The act of observing disturbs the observed.)
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To: CurlyDave
When iPods starting taking off in the early 2000s, I stupidly purchased a Diamond Rio MP3 player as they were cheaper and promised to not tie me into the "Apple eco-system".

It was a big mistake. What a hassle getting music put onto that thing and the menu navigation on the device was a joke. You pretty much had to set everything up on the computer application, which itself was clunky and constantly crashing.

Finally broke down and got an iPod. Then an iPhone, then a MacBook Pro and then the iPad. As well as a few more iPods. So Apple got me into their eco-system after all - only because the alternatives sucked.

Prior to the iPod, many thought that Apple was going to eventually go belly-up. And I think it almost did. The iPod was a big risk at the time but it probably saved the company.

32 posted on 12/09/2014 7:53:04 AM PST by SamAdams76
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To: Swordmaker
Thanks for replying. It is an Ipod Classic 120 gb. It is charging right now so I will try again after it charges. I also still have my old hard drives and have access to all that was on it synced with them and the original content is on them.

I will let you know how it goes ...

Thanks.

33 posted on 12/09/2014 8:33:56 AM PST by Abby4116
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To: Triple

“So, is the Keurig coffee maker an illegal product?”

I don’t drink coffee and know nothing about the operation of their coffeemaker, so I have no comment about them one way or another.

“What about HP printers with Prop cartridges?”

Hewlett-Packard has already been successfully sued for unfair competition in regard to their proprietary ink cartridges.

“Or Burton Snowboards, with a prop binding connection?”

Can’t comment, because I don’t know the product.

“Seems ridiculous...”

Not necessarily, because it depends on the facts of each case. In the example of Hewlett-Packard’s ink cartridges, the tie-up to Hewlett-Packard ink cartridges is not unfair competition when the need to guarantee operation of the printer in compliance with the warranty is taken into consideration. After Hewlett-Packard is no longer obligated to provide certain parts and services under its warranty, any further tie-up to Hewlett-Packard ink cartridges was deemed to be unfair competition.

With respect to the Apple case, the controversy concerns whether or not the tie-up is justifiable by an obligation to implement contractual DRM features in the Apple product. Even if such a tie-up can be justified by the contractual obligation to implement DRM features for the music, it remains to be seen whether or not the specific implementations of the DRM or the contractual DRM used are unfair competition. In other words, if DRM is not necessarily unfair competition by itself, a particular method of implementing the DRM may still be a form of unfair competition.


34 posted on 12/09/2014 8:35:14 AM PST by WhiskeyX
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To: Swordmaker

If I spend a lot of time and effort on a post, I always copy it for myself, usually in an email to myself, before posting.


35 posted on 12/09/2014 8:44:56 AM PST by Dr. Bogus Pachysandra (Don't touch that thing Don't let anybody touch that thing!I'm a Doctor and I won't touch that thing!)
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To: Pollster1

“trial lawyers has standing to sue with no plaintiff at all”

That is incorrect. The issue is whether or not these particular attorneys can bring forth a qualified lead plaintiff from among a large pool of potentially qualified class member4s who are co-plaintiffs by default due to their ownership of an affected product. In other words, the judge is allowing the plaintiff attorneys to cure in a timely fashion their initial failure to vet a qualified lead plaintiff from among a group of consumers to the court’s satisfaction who purchased a product that does qualify them as a lead plaintiff.


36 posted on 12/09/2014 9:05:03 AM PST by WhiskeyX
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To: WhiskeyX
I know too many people who did the right thing and purchased the music for their Apple device only to have the Apple device fail and be denied any recourse to recover the music they purchased without repurchasing the music. Denied access to the music they paid for they ultimately learned how to hack the system and recover their lost music files despite the DRM and refusal of Apple to help them recover or restore the files they paid for.

What? Unless they've forgotten their iTunes username and password, which can be reset, once they've bought the music from Apple, they've bought it. Where was the music on their computers? Did they just download it, sync it to the iPod, and then erase it from the computer? These complaints about losing all their music because an iPod failed are usually bogus. The concatenation of events to lose your music requires you to also lose your computer simultaneously with the loss of your backups, and forget your iTunes account access. Perhaps that could happen in a house fire or a burglary.

But you NEVER have to rebuy anything from Apple: music, apps, iBooks, content, even if you're using them on multiple computers, as long as the device is registered under your Apple ID. Just log into the iTunes store and re-download the music you've purchased.

37 posted on 12/09/2014 10:38:05 AM PST by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users contnue...)
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To: Swordmaker

trial without a plantiff... how is that possible...


38 posted on 12/09/2014 10:45:16 AM PST by GeronL (Vote for Conservatives not for Republicans)
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To: GeronL

Lawyers gotta work..Dems need to be paid LOL.


39 posted on 12/09/2014 10:45:59 AM PST by nascarnation (Impeach, Convict, Deport)
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To: Swordmaker

The fellow was a musician with his own recording studio. Obviously he knew what he was doing far better than I could follow. What you said is the way things were supposed to work. However, they didn’t for reasons I don’t recall from our casual conversation. All I can remember now at this late date is that his computer’s hard drive died on him at about the same time his Apple device malfunctioned. When he went through all of the normal procedures to put everything back to normal, the procedures did not work like they were supposed to, and Apple refused to help him, especially with respect to the files not obtained from the iTunes Store. Some of those tunes were his own compositions which had been backed up on the hard drive that failed before he recorded them to CD.

He was left with the choice of repurchasing the iTunes and losing his non-iTunes files or using a hack to reestablish access to the files on his Apple device. The hack worked, and he recovered a huge amount of files on his Apple device. he then backed them up to multiple hard drives and CDs.


40 posted on 12/09/2014 10:52:24 AM PST by WhiskeyX
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