Apple is facing a lawsuit over whether it can steal digital purchases from customers if an iTunes or Apple ID account is suspended.
Enthusiasts of all things, movies, games, and music, often take pride in the collections they amass. Some record collectors own thousands of albums, and some players own an equally large number of video games. As the media has moved online over the years, many of these fans have been collecting digital downloads instead of physical discs. Now, in a lawsuit against Apple, the question arises: do consumers actually own the digital downloads they have purchased?
In terms of lawsuits, this is a far cry from Apple’s first ever rodeo. In February of this year, Apple CEO Tim Cook was ordered to file a seven-hour lawsuit in court in connection with Epic Games’ recent lawsuit against the tech giant for repair issues. This latest suit, however, is a bit of new territory.
The crux of the lawsuit, cited by plaintiff David Andino, is whether Apple has the right to block a customer’s access to media they bought from iTunes or the App Store if their account was blocked. Andino’s lawsuit argues, “Just as Best Buy cannot come into a person’s house to repossess the DVD movie that that person bought from them, the defendant should not be able to get digital content from remove their customers’ purchased folders. ” Despite Apple being investigated for anticompetitive behavior as part of the Epic Games lawsuit and recently paid damages in a consumer battery lawsuit, the company appears to be saddling up again to get Andino’s lawsuit the hard way.
Apple has tried to claim that “no sane consumer would believe” that content purchased from iTunes would stay there forever. However, U.S. District Court Judge John Mendez denied this claim, stating, “In common parlance, the term” buy “is used. Means to gain possession of something.” Since in-app purchases during the pandemic are on one Now is not a bad time to go to court to determine whether or not these purchases are actually owned by the consumer.
Judge Mendez goes on to say that the case will not be dismissed because “reasonable consumers would expect that their access cannot be revoked”. Tech giant Microsoft recently settled an out-of-court lawsuit over Xbox controller drift, and it’s technically not too late for Apple to take legal action as well, although it’s not yet known whether the company intends to go in that direction .
Earlier this month, Apple tried to block witnesses in the antitrust proceedings against Epic Games. If the digital download case goes to court, Apple will likely take similar steps. Amazon is also currently facing a similar lawsuit, so any case resolved first may set the precedent for the other company as well as all other digital retailers.
MORE: It’s time for Apple to work on its bad reputation as a gamer
Sources: CaseFilingsAlert.com, HollywoodReporter.com
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Curti’s mother has been playing for as long as he can write and vice versa. He lives in Canada with his cat Brewster. Follow him on curtismutter.com and @curtismutter on Twitter.
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