According to The Hollywood Reporter, the new case was filed in Sacramento, California, and alleges that Apple’s “Buy” button on its iTunes platform is “deceptive” because the tech giant retains the right to terminate consumer access to the purchased content at any time, and has actually done so in numerous occasions.
In response, Apple contended that no reasonable consumer would think the “Buy” button implied absolute ownership over the content, but this line of reasoning was rejected by the court. “Apple contends that ‘[n]o reasonable consumer would believe’ that purchased content would remain on the iTunes platform indefinitely,” wrote U.S. District Court Judge John Mendez. “But in common usage, the term ‘buy’ means to acquire possession over something. It seems plausible, at least at the motion to dismiss stage, that reasonable consumers would expect their access couldn’t be revoked.”
With Apple’s plea to dismiss the case rejected by Mendez, the lawsuit will now go forward, leaving the tech giant vulnerable to an injunction.
Elsewhere in the tech industry, Sony has released an updated version of its Reon Pocket wearable air conditioner.