Apple breaks antitrust law by forcing the purchase of songs that only work with iPods and therefore must be punished. This is the position of a Californian, Thomas Slattery, who on Monday denounced Cupertino in front of the district court of San Jos.
The alleged reasons of Slattery, a customer of the iTunes Music Store, revolve around the strict constraint that exists between the store and the player under which it is impossible to buy music from Apple and use another player. "I was forced to buy iPod * says Slattery * and this is illegal. Apple * continues the plaintiff * exploits its monopoly position in the field of digital music to drive competition out of the players and vice versa. Apple has transformed an open standard using a technique that prevents the consumer from using a player of his choice even if these players would exist if Apple did not pursue his action ". This is why Slattery is asking for compensation.
Professor Ernest Gellhon, professor of antitrust laws at George Mason University, quoted by the Reuters agency, believes that for Slattery it will be quite difficult to get the court right. According to Gellhon, although precedents exist on the subject, equally true that in the past the court has always concluded that when alternatives to a purchase exist, these are considered a sufficient reason to reject the cause.
The American media, in any case, are keeping an eye on the matter, despite the due skepticism, as, as often happens in the USA, if the cause were accepted, collective causes could arise around the sentence that could potentially determine a heavy relapse on the coffers of Cupertino.