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Amazon too is facing a lawsuit along the same lines.Īpple has been accused of removing "owned" user content in the past. Back in April, another class action complaint filed in a California court also alleged that the "buy" and "purchase" options on Apple services were misleading. This is not the first lawsuit to make a similar claim. "Regardless, all consumers have overpaid for the Digital Content because they are not in fact owners of the Digital Content as represented by Defendant, despite having paid the amount of consideration typically tendered to 'Buy' the product." "Though some consumers may get lucky and never lose access to any of their paid-for media, others may one day find that their Digital Content is now gone forever," the lawsuit says. It also takes issue with the fact that Apple sells digital licenses to content for as much - or more - than similar retailing pricing for physical media in a store. It uses this example as an argument against Apple or other tech companies reserving the right to remove digitally purchased content. The complaint goes on to claim that a retailer like Best Buy or Target can't enter a customer's home and remove a piece of physical media. "Rather, the ugly truth is that Defendant does not own all of the Digital Content it purports to sell." "Reasonable consumers will expect that Defendant is using the words 'Buy' and 'Purchased' throughout the iTunes Store and apps in the same manner as those words are used, and understood, by the hundreds of millions of people throughout the world that speak English," the lawsuit reads. As such, it claims that buttons on the iTunes storefront that say "buy" or "purchase" are misleading. Basically, the lawsuit says that this doesn't actually constitute a "sale" of digital goods.
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Although the lawsuit targets the iTunes store, users now purchase content on the Apple TV or Apple Music apps on Apple's modern operating systems.Īs the lawsuit contends, digital content sold on Apple's services are licensed to the Cupertino tech giant and, by extension, to customers. District Court for the Western District of New York, goes after the fact that Apple can remove any piece of digital content from a customer's account without prior notice. The class action complaint, lodged Monday in the U.S.