Apple Asks Judge to Dismiss Lawsuit Alleging Music Downloading Monopoly

In San Jose (CA), Apple asked US District Judge James Ware to dismiss a consumer antitrust lawsuit claiming the company limited choice by linking iPod music downloading to its iTunes music store.

Robert Mittelstaedt, an attorney for the company, told Judge Ware that blocking iPod music downloads that used competitors’ software was intended to improve downloading quality for iTunes customers. Changes that Apple made in 2004, just days after Internet music software company RealNetworks announced a technology allowing songs from its online store to be played on iPods, weren't anticompetitive, he said. “Apple’s view is that iPods work better when consumers use the iTunes jukebox rather than third party software that can cause corruption or other problems,” Mittelstaedt said at a hearing. Bonny Sweeney, a lawyer representing iTunes customers who sued, said the plaintiffs could not locate any legacy software that would allow them to conduct accurate tests, prompting Judge Ware to say that a trial may become a “battle of experts.” Judge Ware said he will rule by May on the request to dismiss the case.