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Apple Accused of Deleting Songs From iPods Without Users' Knowledge

SternisheFan 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."

41 of 250 comments (clear)

  1. Not surprising at all. by Anonymous Coward · · Score: 4, Insightful

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

    1. Re:Not surprising at all. by dgatwood · · Score: 5, Funny

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

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    2. Re:Not surprising at all. by Spy+Handler · · Score: 3, Funny

      Romulans. And their bird of prey. Apple will lose.

    3. Re:Not surprising at all. by Triklyn · · Score: 3, Funny

      fruit vs poultry. I will eat the loser.

    4. Re:Not surprising at all. by greenwow · · Score: 5, Interesting

      How is it unsubstantiated when it is true and has been proven? I rsync my iTunes drive to a remote server every night so I see email reports every day with a list of my music files that Apple deletes. The last delete happened Monday night:

      deleting iTunes/The Ramones/Mania/30 Rock 'n' Roll High School.mp3
      deleting iTunes/The Ramones/Mania/29 Indian Giver.mp3
      deleting iTunes/The Ramones/Mania/28 The KKK Took My Baby Away.mp3
      deleting iTunes/The Ramones/Mania/27 I Just Wanna Have Something To Do.mp3
      deleting iTunes/The Ramones/Mania/26 Chinese Rock.mp3
      deleting iTunes/The Ramones/Mania/25 We Want The Airwaves.mp3 ...

      And so on. Apple decided to delete every Ramones song from iTunes. That is why people hate them. Apple considers us subhuman and has no respect for us or our property.

    5. Re:Not surprising at all. by war4peace · · Score: 2

      I don't think you get it.
      This behavior happened back in the day and is still wrong.
      With that being said, I dislike Apple for many other reasons, this one being just one of those many.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    6. Re:Not surprising at all. by Anonymous Coward · · Score: 3, Interesting

      Its funny the way apple fans come in to defend them like this. "No no, what you are seeing is not possible, I know how this piece of proprietary software works!"

      Im not saying who is right and who is wrong but to come in and say he cant be seeing what he is seeing based on your assumption of how something works is pretty ridiculous. Either work to better understand the situation or give some evidence to back your opinion especially when you are talking about the behavior of proprietary software.

    7. Re:Not surprising at all. by jjhues7676 · · Score: 2, Informative

      you did read that this went to court and apple admitted it did it "to protect people"

    8. Re:Not surprising at all. by nicholas22 · · Score: 2

      It's not unsubstantiated you moron, read the experiences of other people in this forum above/below and stop religiously buying Apple shit. Or dont. I don't care.

    9. Re:Not surprising at all. by _xeno_ · · Score: 3, Interesting

      I'll bet if you do constantly rsync your iTunes music directory you will see deleted files. Because if you have iTunes set to "manage music" it will rename files according to some scheme that seems to randomly change over time. (Or because you changed some metadata like the song's name.) So it's entirely possible that a whole bunch of files were "deleted" - because iTunes moved them to a different location, and as far as I know, rsync doesn't have the ability to track files being moved around. (And a bit of Googling suggests this is in fact the case and offers some workarounds.)

      --
      You are in a maze of twisty little relative jumps, all alike.
    10. Re:Not surprising at all. by legojenn · · Score: 4, Funny

      If it's any consolation, you really only need one Ramones song. They're all the same anyhow.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    11. Re:Not surprising at all. by Plumpaquatsch · · Score: 2

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

      Yup. Random mostly-unsubstantiated rumors that totally happened to a friend of your cousin's roommate are indeed why many people avoid Apple products.

      More importantly, it now seems it never happened to any of the plaintiffs: http://online.wsj.com/articles/judge-questions-plaintiffs-in-apple-antitrust-case-1417734307?mod=ST1

      A federal judge Thursday questioned whether any of the plaintiffs in a long-running antitrust suit against Apple Inc. had actually bought the iPods at issue in the case.

      “What am I supposed to do if I don’t have a plaintiff?” asked a concerned U.S. District Judge Yvonne Gonzalez Rogers after the jury left the courtroom at the end of Thursday’s proceedings.

      Judge Rogers said that in a letter submitted to her late Wednesday night, Apple’s lawyers said there is no evidence that the plaintiffs’ two class representatives purchased the models of iPods focused on in the trial.

      Judge Rogers’ comments raised the prospect that the 10-year-old case, in which the plaintiffs are seeking $350 million in damages, could end quickly in Apple’s favor.

      --
      Of course news about a fake are Fake News.
  2. home taping is killing music by Thud457 · · Score: 4, Insightful

    "You didn't buy it from us, you must have stolen it."

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  3. I knew it! by Anonymous Coward · · Score: 2, Interesting

    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.

    1. Re:I knew it! by boristdog · · Score: 5, Interesting

      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.

    2. Re:I knew it! by _xeno_ · · Score: 2, Interesting

      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 Match released, Apple intentional broke syncing so it's no longer possible to sync music from iTunes), but I've never heard it do that. (I really should clarify that last one since you can get it to sync, but it easily breaks such that it will stop adding new music to an iPod/iPhone until you factory reset it and copy everything over again. At which point it will break again, so every time you get a new album outside of iTunes, you're in for another "factory reset and copy everything over again" loop. Which sounds like what this lawsuit is about, actually. Oh, and based on the last time this happened, it will then copy things over wrong so that metadata for songs refers to the wrong songs and some songs don't copy completely. I'm not arguing that iTunes isn't a completely broken piece of shit - it is - just that I've never seen it format thumbdrives.)

      --
      You are in a maze of twisty little relative jumps, all alike.
    3. Re:I knew it! by Anonymous Coward · · Score: 2, Informative

      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.

    4. Re:I knew it! by _xeno_ · · Score: 2

      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.

      --
      You are in a maze of twisty little relative jumps, all alike.
  4. and the defense attorney gose like: by marcello_dl · · Score: 4, Funny

    "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."

    --
    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  5. Sounds more like technical short-sightedness by boondaburrah · · Score: 4, Interesting

    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.

    1. Re:Sounds more like technical short-sightedness by jo_ham · · Score: 4, Informative

      If auto-synch is left on, of course it erases the entire library and replaces it with your iTunes library.

      Could you explain the logic of this to me? Using phrases like "of course" seems erroneous to me. If I was developing an application and all I had in mind was the end user, I would handle a sync just like I would handle any other sync: merge the two things you're syncing. When you sync your phone with your computer, does it delete everything and add only new content? No. It 'syncs' which should me a node A gets info from node B and vice versa. No deleting.

      The iPod sync doesn't work that way. The library on the iPod is a mirror of the one on the computer. The computer is the master device, and if you make changes to the library on the iPod, they will not be kept unless they are also made on the master library.

      When the iPod is synced, the master library is what is used to determine what is on there - it's purely a mirror of the computer, not a two way sync/merge. After the release of the iPhone (and other touchscreen iDevices) the option to consolidate tracks you had downloaded elsewhere was added as part of the sync process, but in the early days when it was designed to be used with a single master library when in full auto mode, it did not do this - it simply told you that it would delete the tracks if you selected "yes, delete the tracks and sync".

      Where this would trip people up is if they would load music onto their iPod manually (manual control was always an option) on one computer, then later connected it up to a computer that had automatic sync set up (iTunes warns you if it will delete files, but who reads dialog boxes, eh?), and thus any changes made to the iPod are then lost.

      Adding those "third party" tracks to iTunes and syncing them to the iPod worked as it always did, or if you wanted to run with multiple different iTunes libraries you just turned off the automatic sync and just manually controlled what iTunes would copy to your iPod.

      Of course, that doesn't make for very click-baity headlines or nonsense lawsuits.

    2. Re:Sounds more like technical short-sightedness by Em+Adespoton · · 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 they realize that iTunes didn't magically restore the music residing in the Real media manager (which may not even exist on the host anymore.

      Basically, this isn't an issue regarding your music, it's an issue regarding iTunes and what iOS lets you back up off your device. Thing is, iOS actually provides the functionality to copy the entire contents of the iTunes Media folder on the device via USB, so the Real Media manager could easily do this, and then restore the backups after the device is wiped and refreshed.

      Added to this, Apple's wording is actually quite clear as to what gets backed up and how. I don't see anything malicious going on here; just a lack of planning on the part of third parties to fully implement their alternative media manager, complete with backups, or the end user's failure to appreciate that they haven't backed up music that doesn't go through iTunes or iCloud.

    3. Re:Sounds more like technical short-sightedness by Obfuscant · · Score: 2

      Instead of telling users "music you added manually will be overwritten" they threw up a generic error and then told the user they had to factory reset the phone.

      Well, this is the confusing part for me, a non-Apple user. Both TFA and the summary say:

      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,

      You say the users were told to do a factory reset; the articles says they were not prompted to perform one.

      If, as you say, they were told to do a factory reset, then why would they think that any files they manually put on the device would be there after? I mean, that's the PURPOSE for a factory reset: to restore a device to 'from the factory' condition. If iTunes then automatically restores the library of stuff you bought from iTunes, that's a plus.

      I can't see how Apple could legally restore music content you didn't purchase from them. You didn't buy it from them, they don't know you have it legally. They don't even have a record that you had it.

  6. is the claim they're triggering a fake reset need? by Trepidity · · Score: 4, Informative

    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.

  7. If you owned an iPod back in the early '00s by TJ_Phazerhacki · · Score: 3, Interesting

    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.

    --
    Physics is nothing like religion. If it was, we'd have an easier time trying to raise money!
    1. Re:If you owned an iPod back in the early '00s by jo_ham · · Score: 2

      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.

  8. DRM-only? by ArcadeMan · · Score: 2

    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.

  9. Now apple PUTS music on your ipod without your by Spy+Handler · · Score: 2

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

  10. lol by slashdice · · Score: 4, Informative

    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.

    --
    Copyright (c) 1990 - 2014 Dice. All rights reserved. Use of this comment is subject to certain Terms and Conditions.
  11. That's the cloud for you by Rosco+P.+Coltrane · · Score: 3, Insightful

    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.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:That's the cloud for you by jo_ham · · Score: 4, Informative

      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?

  12. I call BS by Hamsterdan · · Score: 3, Insightful

    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.

    --
    I've got better things to do tonight than die.
  13. Re:lol by PRMan · · Score: 4, Insightful

    Considering both Apple and Amazon sell unprotected music and have for almost a decade now, and they have record sales every year, I'd say the fear is overblown. Buying a song for .99 is convenient compared to piracy.

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...
  14. Re:is the claim they're triggering a fake reset ne by Em+Adespoton · · Score: 2

    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 -- which points to a problem with how the third party is doing it. If they want to be able to use the device without getting these errors at all, just create a Real_Control directory and use a RealPod app to play its contents. For pure iPods with no App capabilities, this isn't going to work, and they'll need to add their tracks via iTunes, or fully implement the closed sync specs.

    Those closed specs are the one part of Real et al's argument that makes sense -- if Apple is using such a mechanism, it would make sense to make those specs open so that anyone can write software to communicate with the iOS iTunes_Control library. But there's nothing saying they have to.

  15. Re:Can we hold the froth first? by ncc74656 · · Score: 3, Insightful

    Not to mention it being legal to rip cds you own for your own personal use.

    Not to mention that iTunes itself provides this feature. "Rip. Mix. Burn," anyone? This whole story sounds like ambulance-chaser bullshit.

    --
    20 January 2017: the End of an Error.
  16. Re:Get the facts first by chmod+a+x+mojo · · Score: 5, Informative

    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.

    --
    To err is human; effective mayhem requires the root password!
  17. Re:is the claim they're triggering a fake reset ne by alvinrod · · Score: 3, Informative

    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.

  18. Re:Get the facts first by danaris · · Score: 2

    How can you be such a corporate apologist?! Apple in no place advertised that the only DRM music that could be played on iPods was Fairplay music, this screwed over customers, it was a shit thing to do but you go out and defend and praise Apple for it. "Oh yes thank you master for fucking me over Ill tell everybody how good it was, may I have another?"

    They may not have put up giant posters proclaiming that the only DRMed music that you could play on an iPod was FairPlay, but it's not exactly like it was some kind of secret, either.

    I'm not saying I don't feel bad for the people who honestly didn't know how these things worked who bought music from RealNetworks, then had their music stop working when Apple fixed the loophole. I can imagine how frustrating that would have been.

    But that doesn't mean that Apple is at fault for fixing bugs in their code. I suppose you could blame them for having the bugs in the first place, but I think that's kind of a "let he who is without sin" situation to get into. And the decision not to license FairPlay, or implement any of the dizzying array of competing music DRM schemes that existed at the time, is one that can be legitimately questioned by reasonable people, but I don't think that makes it by any stretch of the imagination Obviously Wrong.

    However, it seems to me that you've got an axe to grind against Apple specifically, and possibly against corporations in general, and aren't actually interested in reasoned discourse. (The first clue was leading with an insult, by the way. Ad hominem attacks are never a good sign.)

    Either way, I don't see your objection as having any serious merit.

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
  19. Re:So what should they have done? by AqD · · Score: 2

    if you want to have total control over your device and manage every single configuration and file copy by hand...you don't buy an iPod.

    Or any Apple products.

  20. Re:OS X supports NTFS by _xeno_ · · Score: 2

    So, then, the other way around: OS X's filesystem (it is HFS, right?) on Windows. Because I've still never seen iTunes try to format a thumbdrive, but I've definitely seen Windows offer to format a thumbdrive it doesn't recognize the filesystem on.

    --
    You are in a maze of twisty little relative jumps, all alike.
  21. Apple admits to deleting music files by SternisheFan · · Score: 3, Informative
    Apple admits to deleting music from 2007 - 2009...

    "... Coughlin explained the procedure as to which Apple employed to remove songs from users’ iPods. The vaguely duplicitous act was executed by Apple when iPod users would attempt to sync their iPod with iTunes after downloading music from rival music services. The user would be instructed by an error message instructing it to restore the iPod to its factory setting. Once the user synced their iPod with iTunes after restoring their iPod to its factory settings, the non-Apple music files music would gone.

    Apple defends its action and claims it was just worried its users were at the hands of hackers. Apple’s security director Augustin Farrugia informed the court that hackers “DVD John” and “Requiem” were potential threats to users and thus removed non-Apple music files from iPods. Farrugia reasons Apple did not inform users of the deletion because the company does not want to “confuse users” with “too much information.” ....

    http://www.digitaltrends.com/m...