Re: Apple's anti competitive online music monopoly may crumble
- From: ZnU <znu@xxxxxxxxxxxx>
- Date: Fri, 10 Feb 2006 11:34:32 -0500
In article <0hdpu19i0qoue35pm0u35k2o0g1g1b9vt3@xxxxxxx>,
Stew <antwun@xxxxxxxxx> wrote:
A new ruling has paved the way for an antitrust lawsuit against Apple.
The lawsuit, filed against Apple by an unhappy iTunes customer, claims
that Apple engaged in anticompetitive behavior by forcing him to buy
an iPod. Judge James Ware of the U.S. District Court of Northern
California has found the plaintiff, Thomas Slattery, as having "met
all requirements for asserting [Apple's iTunes and iPod] tying claim,
noting that the complaint alleges Apple has an 80 percent share of the
market for legal digital music files and more than 90 percent of the
market for portable hard-drive digital music players." Judge Ware has
given Slattery the go-ahead to proceed with his monopolization claim
under the federal Sherman Antitrust Act.
http://www.macnn.com/articles/06/02/09/antitrust.case.vs.aapl/
***
Hopefully this will open the market up so manufacturers can bring
superior products to consumers without having to face Apple's iron
fisted oppression of the online music market.
To make this case, it must be shown that one product has significantly
benefited from being tied to another. That's problematic here. The
average iPod owner has only purchased a relatively small number of songs
from the iTMS. Most of the music on people's iPods comes from other
sources. This suggests that:
1) The iTMS is not a major reason that people buy iPods, and
2) Apple's control over iPod-compatible DRM-protected digital downloads
has not prevented other companies from selling music to iPod users.
In order to find against Apple, a judge would effectively have to
declare that the market for DRM-protected digital downloads is a
separate market from the wider market for music. Doesn't seem too likely.
--
"Those who enter the country illegally violate the law."
-- George W. Bush in Tucson, Ariz., Nov. 28, 2005
.
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