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Handhelds Media The Courts Apple

Apple Accused of Deleting Songs From iPods Without Users' Knowledge 250

A reader writes with this excerpt from a story at AppleInsider that says "During in-court proceedings of Apple's iPod/iTunes antitrust lawsuit on Wednesday, plaintiffs' lawyers claimed Apple surreptitiously deleted songs not purchased through the iTunes Music Store from users' iPods. Attorney Patrick Coughlin, representing a class of individuals and businesses, said Apple intentionally wiped songs downloaded from competing services when users performed a sync with their iTunes library, reports The Wall Street Journal. As explained by the publication, users attempting to sync an iPod with an iTunes library containing music from a rival service, such as RealNetworks, would see an ambiguous error message without prompting them to perform a factory reset. After restoring the device, users would find all non-iTunes music had disappeared. ... It is unclear if iTunes or iPod encountered a legitimate problem, though Coughlin seems to be intimating Apple manufactured the error message as part of a supposed gambit to stop customers from using their iPod to play back music from stores other than iTunes. For its part, Apple said the system was a safety measure installed to protect users."
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Apple Accused of Deleting Songs From iPods Without Users' Knowledge

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  • by Anonymous Coward on Thursday December 04, 2014 @03:15PM (#48525193)

    THAT is why many people avoid Apple like the plague. They've lost their lead, had their fun and are now fighting fowl.

    • by dgatwood ( 11270 ) on Thursday December 04, 2014 @03:21PM (#48525247) Homepage Journal

      They're engaged in competition with avians? Neat. I'd pay to see that.

    • Get the facts first (Score:2, Informative)

      by danaris ( 525051 )

      First of all, what lead has Apple lost that it ever really had? They're set to cross the $1 trillion market cap barrier—for the first time of any company ever—in the not-too-distant future, selling iPhones and Macs faster than ever before, and iPads only very slightly slower than their peak.

      Now, if you were paying any attention whatsoever, instead of just writing a knee-jerk Apple-hate comment, you'd know that this was in reference to acts that allegedly occurred many years ago, before the iPhon

      • by chmod a+x mojo ( 965286 ) on Thursday December 04, 2014 @05:20PM (#48526355)

        and removed the songs with bogus FairPlay from people's devices, because they would no longer work.

        See that's the thing, it's MY filesystem on MY device.

        If the files exploited a hole in the DRM, then the DRM was patched and the files no longer work... fine, the files don't work, but you can't delete my files on my device .

        Face it, Apple screwed the pooch and got called out on it. Hopefully they get a sharp smack in the nose with a newspaper, learn from the past and don't do stupid shit like this again, and everyone can move on.

  • by Thud457 ( 234763 ) on Thursday December 04, 2014 @03:15PM (#48525195) Homepage Journal
    "You didn't buy it from us, you must have stolen it."
  • I knew it! (Score:2, Interesting)

    by Anonymous Coward

    I have been making backups of my iTunes library for years because a long time ago I noticed that a large number of my songs had just gone missing. I never heard anything about it so thought it was just something I had done wrong.

    • Re:I knew it! (Score:5, Interesting)

      by boristdog ( 133725 ) on Thursday December 04, 2014 @04:12PM (#48525717)

      My neice tried to load a thumb drive of MP3's from my music library into her Ipod a couple years back. Itunes instead reformatted the thumb drive. I thought she just screwed up, so I reloaded the thumb drive from my PC and we tried again. Itunes gave some message about "scanning media" and reformatted the thumb drive again.

      I said then that I would probably never buy another Apple product. I still feel that way.

      • Re: (Score:3, Interesting)

        by _xeno_ ( 155264 )

        Did iTunes do it or did the OS she was running do it?

        Because as far as I know, unless the thumbdrive was an iPod itself, iTunes isn't capable of formatting it.

        I'm guessing that you did something like create a thumbdrive using NTFS or whatever Mac OS X's file system is (HFS?) and then tried to use it on the opposite OS, which balked, and offered to reformat the drive into a filesystem it understood, which your niece just hit "OK" for.

        Because iTunes may be a piece of shit (as far as I can tell, when iTunes Ma

        • Re: (Score:2, Informative)

          by Anonymous Coward

          Of the tens of thousands of songs I have in iTunes and have had on iPods not as single one was legally purchased from iTunes or any other store, and I've never experienced a single deletion. I have no idea where people are getting this idea.

          • by _xeno_ ( 155264 )

            Neither have I. I've never had it delete a song. What I have seen it do (multiple fucking times) is refuse to sync new music over to an iPhone. It'll get as far as "waiting for items to copy" and then just sit there for as long as you're willing to wait, not copying a thing. Googling (and bitching about it on Facebook) reveals I am nowhere near alone in experiencing this problem.

  • by marcello_dl ( 667940 ) on Thursday December 04, 2014 @03:18PM (#48525213) Homepage Journal

    "Your honor, it is true that we deleted the songs, but one of them was from Justin Bieber, we thought that the public good..."
    - "Why didn't you tell us earlier? Case Dismissed."

    • i might believe that, IF on the other hand they didnt push the U2 album onto the world. they dont believe in public good lol
  • by boondaburrah ( 1748490 ) on Thursday December 04, 2014 @03:18PM (#48525217)
    Having not read the article, this sounds more like the age-old behaviour of auto-synch.

    If auto-synch is left on, of course it erases the entire library and replaces it with your iTunes library. If the non-iTunes purchased songs were loaded onto the iPod from another source, then of course they don't get re-added until you go and add them again from the other source. People have been aware of this at least since my friend and I would load songs onto eachother's 3rd gen ipod with dock connector back in highschool.
    • If auto-synch is left on, of course it erases the entire library and replaces it with your iTunes library. If the non-iTunes purchased songs were loaded onto the iPod from another source, then of course they don't get re-added until you go and add them again from the other source.

      Well, and it depends on what you're doing.

      I was trying to do something on my iPod touch the other week. The message it gave me was that there were things on the iPod which hadn't been transferred to iTunes ... took me a while to r

      • Re: (Score:3, Informative)

        What it appears to boil down to is this:
        1) User has an iOS device
        2) User syncs some stuff from iTunes to that device
        3) User uses a third party system, such as that run by Real, to sync some stuff from the Real media manager to the iOS device
        4) Device needs to be wiped and reset
        5) iTunes wipes the device and restores from backup, which doesn't include music (or a bunch of other things).
        6) iTunes then restores the music its settings indicate was previously synced to the device
        7) User gets all up in arms when

        • Wow. You spent all that time explaining how iOS devices sync with iTunes when the lawsuit is referring to a time period before iTunes existed.

          • Wow. You spent all that time explaining how iOS devices sync with iTunes when the lawsuit is referring to a time period before iTunes existed.

            Umm...no, sorry, you lose. iTunes existed for years before the first iPod was ever sold.

            Dan Aris

          • Wow. You spent all that time explaining how iOS devices sync with iTunes when the lawsuit is referring to a time period before iTunes existed.

            What the hell are you talking about?

            The class includes individuals and businesses who bought iPod classic, iPod shuffle, iPod touch or iPod nano models between Sept. 12, 2006 and March 31, 2009

            I've been using iTunes since around 2001 or so.

            Unless you see something in TFA the rest of us don't, you seem to be talking out of your ass. Because iTunes sure as hell existed

  • From what I can tell, what's being claimed isn't that Apple is specifically wiping the files, but rather that: 1) users are told to factory-reset their device; and 2) this wipes all files; except that 3) after factory reset, iTunes restores the iTunes-purchased files from Apple.

    #2 and #3 don't seem particularly nefarious on their own. You'd expect a factory reset to wipe the device, and you'd expect a cloud service like iTunes to support restoring your purchases from (and only from) that service. So what it seems to boil down to is: was situation #1 popping up nefariously, i.e. Apple is purposely triggering an unnecessary "please factory reset your device" request even when there is nothing wrong with the device and no need to factory-reset it? And furthermore, that Apple is doing this based on detecting competitors' services on the device? That seems... surprisingly blatant if true.

    Another possibility, which Apple seems to be hinting at, is that some kind of "tamper-detection" DRM is setting off reset-your-device false positives.

    • The only thing I can figure is that Apple's throwing an error when the iTunes_Control library on the device doesn't match what the sync DB managed by iTunes says should be there. This indicates data corruption, whether it be by gremlins, failed SSD write, or RealNetworks only partially implementing the (closed) sync specification. Since Apple doesn't throw this error when iCloud updates the iTunes_Control library, this means that there exists a way to sync from multiple sources and still not get the error

      • by alvinrod ( 889928 ) on Thursday December 04, 2014 @05:38PM (#48526555)
        The problem in this case is that Real is trying to get their reverse engineered version of Apple's FairPlay DRM to work. The reason their music files can't be added through iTunes is because iTunes closed the loopholes that Real used in order to essentially clone the functionality of Apple's DRM-scheme. If the music files in question were DRM-free, this issue wouldn't exist. However, because they sold a bunch of music and Apple didn't want to use Real's DRM scheme, Real tried to reverse engineer FairPlay, which worked for a while until Apple fixed the loopholes and suddenly Real was left back at square one, trying to sell DRM-encumbered music that couldn't be played on most devices.

        Real is just trying to sue to get some money because they're just a slowly dying company at this point. They've just slowly been bleeding money and eventually will end up declaring bankruptcy or selling their brand name, though I'm not really sure whey anyone would want it.
        • by Megane ( 129182 )

          Real is just trying to sue to get some money because they're just a slowly dying company at this point. They've just slowly been bleeding money and eventually will end up declaring bankruptcy or selling their brand name, though I'm not really sure whey anyone would want it.

          In electronics, brand names like RCA and Zenith have certainly been sold around. After all, they used to be well-known and well-respected names and... oh wait, never mind, this is Real we're talking about.

  • "We have to protect our users from not giving their money to us!"

  • by TJ_Phazerhacki ( 520002 ) on Thursday December 04, 2014 @03:22PM (#48525261) Journal
    This shouldn't surprise you. ITunes, especially on Windows, was a nightmare to manage in parallel with any other music software. Odds are this was just a happy accident that AAPL just didn't do anything to fix.
    • by TWX ( 665546 )
      That's why I never got involved with Apple's stuff. I saw literally no benefit over my existing method of operation.

      Besides, Winamp really whips the llama's ass...
    • by jo_ham ( 604554 )

      You just put it in manual mode. Problem solved.

      When it was in auto sync mode it was a mirror of the iTunes library, but putting it in manual control mode allowed you to selectively sync from multiple different libraries and computers. It always worked this way.

      It also warned you if it was going to delete anything, but most people (based on this lawsuit) seem to be incapable of reading dialog boxes.

  • by ArcadeMan ( 2766669 ) on Thursday December 04, 2014 @03:23PM (#48525271)

    Were the deleted songs DRM'ed by RealNetworks? (these guys still existed?)

    I'm pretty sure that regular MP3 files were not deleted, so it's not really a case of "not bought here", remember that Apple was under a lot of legal obligations by the music labels regarding FairPlay DRM at the time.

    • by thaylin ( 555395 )

      I am pretty sure that everything was deleted on a FACTORY RESET.

      • If you do a factory reset and expect anything to not be deleted, you need to go back to school.

        • I believe that the suit is claiming that Apple was improperly forcing users to perform a factory reset, rather than claiming that the reset process itself was malicious.

    • Hah! Keep saying that to yourself buddy. And keep buying Apple, someone's got to prop up this economy.
  • This is silly...

    The entire point of the iPod and iPhones encrypted file system is designed to prevent you from using anything but iTunes. It's a joke to claim it's for "Security" Security? On my iPod? Really? lol!

    • i agree with you sir! it's much better for ipods to turn into the equivalent of truck stop whores by letting everybody put files in them, inclubating viruses, then traveling from computer to computer and infecting everybody who plugs into it. It Just Works! you sir should be a security engineer.

    • by Megane ( 129182 )

      encrypted file system

      [Citation needed]

      Seriously, years ago when I looked at the filesystem on my 1st generation iPod Nano (which still works and hasn't yet caught fire, probably because I use it in a car, and not as a walkman) the music was simply in an invisible folder with random file names. I presume that the song list was a simple flat database file somewhere in there to keep track of those random file names. It wasn't encrypted, just obfuscated so that you couldn't trivially mount it as a flash drive and copy specific son

  • knowledge. Must be because they are repentant for deleting users' music earlier.

  • lol (Score:5, Informative)

    by slashdice ( 3722985 ) on Thursday December 04, 2014 @03:29PM (#48525337)

    Kind of funny how most of the articles bury (if they even mention it at all) Real (buffering) Network's connection. To put everything in context, The iPod could play unprotected mp3s, aacs, and wavs. They could also play FairPlay DRM files purchased through the iTunes store. Real (buffering) Networks wanted to sell music that could play on iPods but they also wanted their DRM.

    Fuck you DRM, and fuck you Real (buffering) Networks. Good riddance to both of you.

  • Songs I bought didn't survive an iTunes ' upgrade'. So Apple removes content from iTunes and from your account " magically". I suspect they stopped paying an artist and sold copies anyway. Magic erased evidence on iTunes for Apple which propogated down to the client accounts!

    BUT...to get my songs back off backup I paid a service fee of $122.00 to fire up an antiquated hard drive and copy...priceless

    • by Megane ( 129182 )

      It is very clear that you have never owned an iPod or used iTunes with one. The model (particularly at the time in question) is that the master copy of the music is kept on your computer's hard drive. You manage the list of music files on the computer via iTunes, and then iTunes does a one-way synchronization of the files and index to match the master set.

      What happened here is that Real found a way to steal (yes, I said it) usage of Apple's DRM method via a loophole. They used Apple's proprietary code and

      • Right now, the situation is: 1. The iTunes database is an ordinary .plist file that you can read with a single method call, it's not difficult to manipulate it and write it back correctly. Of course it's even easier to break it if you are careless. 2. There is a folder somewhere deep in the iTunes folder named "Automatically add to library" or something like that. Any music file added to that folder will automatically be added to the iTunes library. That's what Amazon does with purchases.
  • by Rosco P. Coltrane ( 209368 ) on Thursday December 04, 2014 @03:36PM (#48525407)

    That's what happens when you reliquish control of your digital life for the sake of the superficial convenience of not having to maintain your own hardware and perform your own backups: when the third party you entrust your data to decides you can't have it anymore, all you can do is bitch and moan and ask politely to get back what's rightfully yours. But *you* don't decide: your comfortable and convenient digital jailer does.

    At the end of the day, Apple customers only have themselves to blame for what Apple does to them. And the same goes for Google, Microsoft and all the others, when they decide to shaft their own userbase without warning.

    • by jo_ham ( 604554 ) <joham999@ g m a i l . com> on Thursday December 04, 2014 @03:54PM (#48525563)

      No, it's what happens if you leave the sync settings on auto and ignore the "there are files on this device that are not in your library, these will be deleted? Continue? [Cancel Sync] [Continue Sync]" dialog box.

      Set the iPod to manual (or don't factory reset it without a backup) and the click bait goes away.

      This entire thing boiled down to "I factory reset something and didn't have a backup. Wah! Apple deleted my stuff!"

      What would you say to someone who formatted their device without a backup, expecting everything to still be on it afterwards?

  • I call BS (Score:4, Insightful)

    by Hamsterdan ( 815291 ) on Thursday December 04, 2014 @03:41PM (#48525455)

    Only 3 of my albums were bought on iTune, yet i've *never* had anything deleted in the 10 or so years I've used ipods and iphones.

  • It always appeared to me that "synch" in the case of an ipod and itunes isn't really a synch, it's a dump (overwrite) from itunes to the ipod. I never assumed that anything I had on the ipod that was not in my itunes account would exist after a "synch". I don't think this is diabolical, just the way the itunes/ipod interface works. After all, the paradigm assumes that the only information on the ipod is from itunes.

    Now that I think about it, ipods that have a camera would have to truly synch in some fash

    • It always appeared to me that "synch" in the case of an ipod and itunes isn't really a synch, it's a dump (overwrite) from itunes to the ipod.

      "Sync" doesn't imply two-directional, it simply means "make the two things align". In TV-land, that means all the monitors and cameras align their horizontal and vertical sync to the master sync generator. The master never cares what the cameras think is the correct timing. In iTunes-land, that means "make the iThingy look like the master".

      It's relatively new that "sync" means "change everybody to look like everybody else", and even then it's not always possible to do that. Palm was very good at it; Googl

  • by chinton ( 151403 )
    They had to delete those tracks to make room for the new U2 album I didn't want...
  • For its part, Apple said the system was a safety measure installed to protect users.

    Yes. Music files can be very dangerous. Many injuries and deaths have been reported...

    (Or am I to assume a different meaning from the words "safety" and "protect"?)

  • "Itunes ain't done 'till RealPlay won't run..."
    A real bitch to be a monopoly, ain't it?

  • by safely protecting consumers from purchasing songs for less money elsewhere

  • Nothing, I repeat nothing on my iPod has been purchased from any "store"...
    Yes, I'm one of those nuts who still rips cd's to mp3 and puts them on my devices.

    Relatives ask why it is so hard for them to share music between their devices... LOL.
    • by Megane ( 129182 )
      The best part is finding really cheap CDs used. Although that will become less convenient in the future now that Apple is taking optical drives out of their computers.
  • I have literally NO sympathy for complainers that purchase products even knowing ahead of time that they lock you into monoculture that is arbitrarily and completely controlled by a company with a long history of abusing their own customers (e.g. Apple, Microsoft, Sony).

    Are they simply meeting the definition of insanity (same action different result) or do they just have such a ridiculously overinflated ego that they seriously expect to be treated better than all the other previously abused customers?

  • I just read that it's possible to transfer & play your I-tunes files on other devices, like an android phone. With an itunes player, I don't feel I own something if music files can be deleted without my permission. We have one of these players, but I've always been wary of it.

    There are plenty of other players/dev boards that can read in music from something like a micro-SD card and play music without all the DRM hassles. There are plenty of open-source projects out there that use inexpensive boards

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