Despite Apple's efforts to toss out a class-action lawsuit over iTunes DRM and locking the iPod, U.S. district judge Yvonne Gonzalez Rogers said that the suit must continue. After Apple's investigation late last week revealed that neither representing plaintiffs in the suit are qualified to make claims as they had purchased their iPods outside of the window stated for the suit, Judge Rogers said she will hold a hearing for selection of new plaintiff representatives.
U.S. District Judge Yvonne Gonzalez Rogers said she would hold a hearing Tuesday--out of earshot of the jury--on the qualifications of the new representatives. Lead plaintiffs' counsel Bonny Sweeney told the judge she had more iPod customers "ready and willing" to step into the case.
The judge added that she had a duty to protect the rights of the estimated 8 million iPod owners out there affected by the suit. The suit alleges that Apple engaged in anti-competitive behaviors while Apple executives pointed their fingers at the music industry for rigid enforcement of DRM policies.