In the Apple iTunes class-action trial now underway in Oakland, plaintiffs’ lawyers were in hot water by late Friday. They represent a class of eight million consumers, but it’s not clear that they have even one eligible plaintiff. If they can’t produce one, it could be the end of their billion-dollar lawsuit.

The lawsuit claims Apple’s scheme for digital rights management (DRM) illegally shut out competitors, “locked in” consumers, and raised prices on iPods. The suit was originally filed in 2005, and finally went before a jury on Tuesday.
During testimony Thursday, lawyers admitted that their second named plaintiff hadn’t bought an iPod during the required time period, which begins in 2006 and ends in 2009. On Friday, they withdrew her from the case.
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