Apple scored a victory in another uncomfortable trial

Apple successfully closed a class action claim on Monday, according to which it unjustly benefits from collecting and selling user data from iTunes and Apple Music. The District Court judge William Alsup dismissed the action after the plaintiff had not submitted an amended complaint by 14 November. Apple therefore won the application for dismissal after Judge Alsup found the facts and additional documents submitted by the counterparty to be inadequate.




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In light of Apple's stance on protecting the privacy and security of its users' data, the lawsuit was quite paradoxical. The Cupertine giant does not conceal the privacy of its customers (and the privacy of users in general) as a fundamental human right, and repeatedly criticizes companies selling their users' data for advertising. According to the lawsuit, however, Apple was supposed to sell purchase information on iTunes and Apple Music without the informed consent of the users. According to the plaintiff, the data should have been provided to third parties, such as application developers or data traders. The indictment says Apple gave application creators access to metadata related to listening to music. According to the indictment, the large data library was supposed to contain personal data or donated compositions. The applicants further argued that iTunes includes a feature that tells users if they want to donate a song to someone whether they already own it, and reveals the name of the recipient and the history of the songs. Finally, the plaintiff complained about the loss of the value of his personal information, unsolicited e-mails or the risk of identity theft.

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  Jan Vajdák May 27, 2019 1

As one of the evidence, the plaintiffs cited a mail icon that was supposed to contain the names and addresses of iTunes customers, but according to Alsup it was not. "It's just a picture of the envelope," the judge said last month, adding that the plaintiff had not provided information regarding the click on the icon. Further evidence should have been the allegation of the merchant to whom the user data was to be provided, but in this case, his name was missing, and neither the connection with Apple nor the iTunes service was proven.

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