The lawsuit has been originally filed in Florida, but it was later moved to U.S. District Court for the Southern District of California upon Apple’s request.The plaintiff complains that the music sold on iTunes can’t be transferred to other devices than the iPod, nor can the iPod be loaded with songs from other vendors. Therefore, iPod owners stand to lose all their purchased music if they lose of brake their players.
Black’s legal rant also includes the idea that the iTunes restrictions are the means for Apple to build a monopoly over the digital distribution market and therefore be the only company to make a profit.
Unfortunately for him, Black is definitely out of touch with the “latest” news regarding Apple’s store and products. The iTunes has been selling non-DRM files for some time now, and such files can be transferred or played on any device. Furthermore, non-DRM music purchased from other vendors can be played on iPods with no restrictions whatsoever.
Last but not least, the digital download market has been growing constantly, so it’s not like iPod users don’t have a choice but to go to Apple’s digital store.
Black is seeking damages in excess of$15,000 and over $45,000 in attorney fees, plus any further relief. He demands a jury trial.