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Apple is facing two class-action lawsuits over the meaning of the words “rent” and “buy.”
In the first suit, lead plaintiff David Andino argues that Apple’s definition of the two words is deceptive since the company can terminate people’s Apple IDs and, along with them, access to content they purchased using the “buy” button. Thus, Andino is arguing that Apple allows consumers to rent content rather than purchase it outright. If he had known that his access could be cut off at any time, he says he would have not spent as much on iTunes content.
Just like Best Buy cannot come into a person’s home to repossess the movie DVD that such person purchased from it, [Apple] should not be able to remove digital content from its customers’ Purchased folders,” the suit says.
Apple countered by arguing that “no reasonable consumer would believe” that content purchased through iTunes would be available on the platform indefinitely. But US District Court Judge John Mendez wasn’t buying it, as first noticed by the Hollywood Reporter. He rejected a motion filed by Apple that sought to dismiss the suit. That means the suit can move forward with its claims of false advertising and unfair competition, though it could still be settled before going to trial.
Apple is also up against a second class-action suit related to terminating Apple IDs. In this one, lead plaintiff Matthew Price claims he lost $24,590.05 in iTunes, the App Store, and in-app purchases, along with $7.63 in account credit, which became inaccessible when Apple terminated his account. Price’s lawsuit was filed on Tuesday.
Price’s $25,000 worth of purchases is perhaps an extreme example of what many consumers may encounter when they buy content on digital platforms, only to find it unavailable when their accounts are suspended or terminated. At issue is whether digital content available through various platforms is truly owned by individuals if the platform owner can prevent them from accessing it in the future.
Amazon is defending itself against a similar lawsuit filed last April by people who claim the company falsely advertised that they would have unlimited access to content purchased through Prime Video. They are concerned that Amazon “secretly reserves the right to terminate the consumers’ access and use of the Video Content at any time,” the suit claims.
Quote:
Apple countered by arguing that “no reasonable consumer would believe” that content purchased through iTunes would be available on the platform indefinitely.
Amazing just how very many of us are unreasonable, isn't it?
If "no reasonable consumer would believe..." then shouldn't Apple be happy to have a jury verdict on it? Should be easy to have 12 "reasonable" jurists. //
I have friends who think I am silly to buy Bluray movies and rip them to my personal NAS that has redundancy. I just don't trust these companies to do right by me in the slightest. //
If this results in a digital version of the Doctrine of First Sale I will be dancing in the streets. This whole "you only license anything digital" thing has been a naked power grab from the start and the courts should never have gone along.