In a surprise move, Apple’s lawyers have found a major issue with the two plaintiffs named in the case: neither of them actually purchased one of the iPods that the suit covers. In other words the suit may actually be dropped because the two women plaintiffs haven’t actually suffered any damages.
The suit, which exposed that Apple has deleted from iPods music files that were bought from competitors – all without informing the user, has been going on for ten years though it only went to trial this week.
Due to some early rulings, it only covers iPod models purchased between September of 2006 and March 2009, and neither of the two plaintiffs have proven that they actually qualify.
District Judge Yvonne Gonzalez Rogers has asked both sides to file written arguments on whether the trial should proceed. Obviously Apple’s lawyers are arguing against it, while the plaintiff’s counsel said the two plaintiffs were searching for other receipts that would prove they qualify.