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Do you own movies and TV series bought from Apple? This question, which affects virtually all online content sales offers, will be dealt with in more detail by a US court. A customer accuses the iPhone company that the “Buy” button for movies and TV series in the iTunes Store or TV app is a deception because Apple reserves the right to delete content from the cloud library – they cannot then be downloaded again. Accordingly, customers would pay too much.
Judge rejects Apple
Apple, on the other hand, maintains that no reasonable customer would expect content to remain available indefinitely on the iTunes platform – but the judge in charge did not want to endorse this argumentation: In “common parlance”, “buy” means that one then owns something, is appropriate the expectation “plausible” that the access option will not simply be withdrawn – at least at the current state of the negotiation, according to the reasoning (Andino vs. Apple, file number 2: 20-cv-01628, United States District Court, Eastern District of California ).
According to the judge, the plaintiffs can also bring forward concrete economic damage, because damage would already occur at the time of the “purchase” and not only lie in a speculative future, as suggested by Apple.
However, the court rejected the allegation of unjust enrichment by Apple, which was also listed in the class action. However, the plaintiffs still have the opportunity to try to obtain an injunction that could prohibit Apple from using the buy button. US users have filed a similar class action lawsuit against Amazon and its Prime Video offering.
Disappeared iTunes content
Users are repeatedly irritated by the content they have purchased that later disappears from online stores: Apple has countered several reports in the past that feature films are being deleted from the customer’s libraries: “All films that have already been downloaded can be enjoyed at any time,” it said back then. However, this assumes that users save the films meticulously locally, because they can disappear from the online offer at any time – a new download is then not possible, this also applies to the iCloud music library.
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