Apple wanted to get the case dismissed as it argued that “no reasonable consumer” would actually think or believe that the purchases from iTunes would remain there indefinitely. A judge in Sacramento, California has dismissed Apple’s attempt to get the case dismissed.. With Apple’s motions to dismiss ignored, the case is now open to an injunction, unless it gets settled beforehand.
The judge, John Mendez, had this to say against Apple’s argument “Apple contends that ‘[n]o reasonable consumer would believe’ that purchased content would remain on the iTunes platform indefinitely. 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.”
The case, according to the report, is now open to injunction and Apple may face legal hassle over it, unless the company and plaintiff reach a settlement.