U.S. District Court Judge John Mendez has rejected a motion to dismiss filed by Apple, who is currently under legal scrutiny from a class-action suit against how consumers “buy” or “rent” movies, TV shows, and other content in the iTunes Store.
David Andino, the lead plaintiff in the case, is arguing that under the existing user agreements, Apple reserves the right to terminate access to what consumers have “purchased,” and have already done so on numerous occasions. News of the motion to dismiss being rejected was first reported by The Hollywood Reporter.
“Apple contends that ‘[n]o reasonable consumer would believe’ that purchased content would remain on the iTunes platform indefinitely,” writes Mendez in a court filing. “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.”
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