iPod Lawsuit Losing Steam: One Plaintiff Remains, Device Purchase Date Questioned

Yesterday the New York Times reported the iPod DRM class-action lawsuit against Apple had possibly taken a turn in the latter’s favour, as plaintiffs in the case appear to be diminishing, with only two remaining.

Fast forward to today, the Times is now reporting there is only one plaintiff left, as the other withdrew after lawyers concluded an iPod purchased was made outside the class-action suit window.

That leaves Mariana Rosen from New Jersey as the sole plaintiff remaining. However, her testimony is being similarly questioned. Apple’s lawyers provided evidence to federal judge Yvonne Gonzalez Rogers the plaintiff’s iPod was bought outside the class-action lawsuit dates, and she wasn’t even the one that purchased it:

“Ms. Rosen’s trial testimony with regard to her alleged purchase of the two iPods in 2007 and 2008 was not credible,” Apple said in its filing. Apple also attached a receipt showing that the iPod Touch was purchased by Ms. Rosen’s husband’s law firm, not the plaintiff herself.

The plaintiffs’ lead attorney Bonny Sweeney responded by saying Rosen bought another iPod touch from 2008, and would respond to Apple’s claims this weekend.

Apple is accused of deleting DRM music purchased from rival music services off users’ iPods, thusly allowing the iPod maker to dominate the portable media player market. Apple’s response to implementing FairPlay DRM was part of strict contract terms signed with record labels, and also allowed the company to protect users from hackers.