According to a report by The Hollywood Reporter, a federal court in California has ruled Apple is on trial for the “Buy” button. According to the report, David Andino, the lead plaintiff in the case, alleged that the “Buy” button on iTunes was deceiving.
The iTunes Save app to iPhone is a place where users can buy or even rent movies, music, and ringtones. It looks like this could be exactly why Apple faces legal problems. According to a report by The Hollywood ReporterA federal court in California said Apple must be tried for the “Buy” button. According to the report, David Andino, the lead plaintiff in the case, alleged that the “Buy” button on iTunes was deceiving. He claims that the company can terminate access to the purchased content by a user himself. In fact, he said Apple had done this many times in the past. He went on to say that if he had known that the content he bought on iTunes would one day be unavailable, he would not have bought it, or at least paid as much as he did.
Apple wanted the case dismissed because “no sane consumer” would actually think or believe that iTunes purchases would stay there indefinitely. A judge in Sacramento, California has denied Apple’s attempt to dismiss the case. With Apple’s motions to be dismissed being ignored, the case can now be subject to an injunction unless it is settled beforehand.
Judge John Mendez had this to say against Apple’s argument: “Apple claims that”[n]o A reasonable consumer would believe that purchased content would remain on the iTunes platform indefinitely. But in common parlance the term “buy” means to get possession of something. At least when applying for dismissal, it seems plausible that reasonable consumers would expect that their access cannot be revoked. ”
According to the report, the case is now open for an injunction and Apple may have legal problems with it unless the company and the plaintiff reach an agreement.