OAKLAND, Calif. — The Apple iTunes DRM trial underway in federal court here will come down to how jurors view certain code that Apple added to iTunes. The plaintiffs, representing a class of about 8 million consumers as well as large retailers, say it was anything but an “upgrade.” They’re seeking $351 million in damages.
Plaintiffs’ lawyer Bonnie Sweeney kicked off her opening statements describing Apple showing off its new Nano in 2006.
“It had twice the storage capacity and came in five different colors,” she said. “But what Apple didn’t tell its customers is that the code that came with the new Nano also contained the ‘Keybag Verification Code.’ That code did not make the Nano faster or improve its sound quality… it didn’t make it sleeker or cooler. Instead, what that did is prevent customers who had legally purchased songs from a competitor from playing their songs on their iPod.”
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