The class-action suit against Apple for allegedly locking users’ iPods to their iTunes music ecosystem may thrown out due to a lack of plaintiffs.
The class-action suit pertains to iPods (classic, shuffle, touch, and nano) purchased between September 12, 2006 and March 31, 2009, and in a letter addressed to the judge overseeing the trial, Apple says (via The New York Times) that it has been unable to confirm the purchase dates of some of the iPods cited by the plaintiffs.
Plaintiff Marianna Rosen testified that she purchased an iPod touch in December of 2008. However, the serial number of the device in question indicates that it was actually purchased in July 2009, placing it outside of the scope of the case. Rosen’s testimony also conflicts with previous statements where she said she had only owned a 15GB iPod and a 30GB video iPod.
Rosen also has claimed to have purchased an iPod nano in fall of 2007, however Apple hasn’t been able to verify that purchase, and has requested proof of purchase and a serial number.
Apple has also asked a second plaintiff in the case, Melanie Tucker, for evidence of her claimed purchases of a 4th-generation iPod Classic in 2004, a 5th-generation iPod Classic in 2006, and a 32GB iPod touch.
Plaintiff’s counsel is expected to respond to Apple’s request for proof of purchase this evening.
“I am concerned that I don’t have a plaintiff,” Judge Yvonne Gonzales Rogers said. “That’s a problem.”
