Removal of iTunes Purchased Content – Second Class Action


Apple is already facing a class action lawsuit over the potential for deletion of content purchased by iTunes, and it is now facing another from across the country.

Both lawsuits make the same complaint: that the wording of the iTunes Store says you can “buy” or “rent” movies, when the reality is you can only authorize them – and that license can be withdrawn later. .

Removing content purchased from iTunes

There have been examples of people losing access to content purchased from iTunes, although these are extreme cases. Similar complaints have been made about the fact that you don’t actually own any e-books bought from Amazon.

We reported in April that a judge had given the green light to a class action lawsuit in California. In this case, it was content that could not be downloaded again.

Apple is facing alleged class action lawsuits in a federal courtroom in Sacramento, Calif., Regarding how customers can “buy” or “rent” movies, TV shows and other content on the iTunes Store. While Apple had tried to dismiss the lawsuit, a federal judge rejected this request.

As reported by The Hollywood Reporter, David Andino, the lead plaintiff in this case, argues that “the distinction is misleading” and alleges that “Apple reserves the right to terminate access to what consumers have ‘bought’.

Another class action

Apple obviously reports that another case has been filed across the country.

A new class action lawsuit has been filed in District Court for the Western District of New York, Buffalo Division, against Apple by Trenise McTyere and Lucille Clark for misleading consumers into believing it is selling them digital content on iTunes, although it only provides them with a license.

The complaint further notes that “when a license agreement ends for any reason, Apple is required to remove the digital content from the purchased consumer record and it does so without prior warning to the consumer. […]

With the exception of content owned by the defendant, digital content purported to be sold on iTunes is licensed to Apple by the owner of the digital content. These licensing agreements mean that unlike a real sale, the defendant can never pass the title on to the buying consumer. Accordingly, when a license agreement terminates for any reason, the defendant is required to remove the digital content from the purchased record from the consumer and does so without prior warning to the consumer.

This particular case does not appear to allege an actual loss of content, only arguing that Apple is engaging in a deceptive practice of claiming that it “sells” content to customers.

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