Class Action Lawsuit Against Apple for eBook Availability Results in $5 Billion Fine

Apple is facing a significant $5 billion class action lawsuit due to accusations of false advertising and violating consumer laws in California. The lawsuit asserts that Apple is misleading customers by making them believe they are purchasing digital e-books through the Apple Books app permanently when, in reality, they are only buying revocable licenses to the books.

The complaint reveals that Apple is obligated to remove a digital book or audiobook from the Apple Books app if it loses its license to the content, resulting in the content becoming unavailable in the app’s store. Consequently, some customers have been surprised to discover that digital books they had bought in the past were no longer available for re-download without any prior warning or refunds provided by Apple.

The lawsuit highlights that the purchase screen in the Apple Books app lacks a link to any terms of service or licensing information. However, users must agree to Apple’s various software license agreements to set up and use Apple devices, which mention the following:

“By using this software in connection with an Apple Account, or other Apple Services, you agree to the applicable terms of service, such as the latest Apple Media Services Terms and Conditions […]”

The Apple Media Services Terms and Conditions state that Purchased Content will usually stay accessible for download, re-download, or other forms of access from Apple. Nonetheless, there is a possibility that content may be removed from the services and become unavailable for further download or access from Apple if Apple loses its rights from the Content provider to provide it. To ensure continued enjoyment of content, Apple suggests downloading all purchased content to a personal device and backing it up.

The class action lawsuit, Morehouse et al v. Apple, Inc., was filed in a U.S. district court in San Jose, and the plaintiffs are seeking up to $5 billion in damages. The proposed class covers all individuals who have purchased a digital book or audiobook from the Apple Books store within the yet-to-be-determined class period. The lawsuit has been filed by law firm Siri & Glimstad LLP, and it awaits assignment to a judge to determine if it will proceed to trial.

In conclusion, the lawsuit against Apple underscores the issue of customers not fully understanding the terms of purchasing digital content through the Apple Books app and feeling misled by Apple’s practices. The outcome of this class action lawsuit could have lasting implications for how digital content distribution is handled and regulated to ensure consumer protection and transparent practices in the future.