Steve Jobs' video testimony recorded before death in 2011 transfixes courtroom
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More than three years after his death, legendary Apple CEO Steve Jobs held an Oakland courtroom transfixed today as attorneys played a video of his testimony in a class-action lawsuit that accuses Apple of inflating prices by locking music lovers into using Apple's iPod players.
Looking gaunt and pale, Jobs spoke softly during the deposition he gave six months before his death in October 2011.
Despite this, he gave a firm defense of Apple's software, which blocked music from services that competed with Apple's iTunes store.
'We were very scared': Video testimony from Steve Jobs recorded months before his death was today shown in court as Apple is accused of abusing its monopoly position in the digital music player market. Earlier this week, lawyers claimed it had deliberately deleted rivals' song from iPods from 2007 to 2009. But, the tech giant has challenged the suit after presenting evidence suggesting the plaintiffs' models of iPod may be invalid
'We were very scared' of the prospect that hackers could break Apple's security system, Jobs said, because that might jeopardize Apple's contracts with music recording companies that didn't want their songs to be pirated.
'We would get nasty emails from the labels,' he added.
Jobs was known for having a short temper.
But he seemed unruffled when an attorney for the plaintiffs read part of an email in which the Apple CEO demanded that a record company executive publicly apologize for praising rival RealNetworks for producing software that would make songs from the RealNetworks store play on Apple's iPods.
Dressed in his trademark black turtleneck and blue jeans, Jobs appeared impatient at times and swiveled in his chair during the session, which was recorded at Apple's headquarters in Cupertino, California.
He said he didn't remember why he was upset with the recording executive.
But he acknowledged that he had proposed language for an Apple press release that condemned RealNetworks as a 'hacker.'
'We are stunned that Real has adopted the tactics and ethics of a hacker to break into the iPod, and we are investigating the implications of their actions' under federal law, the release said.
Apple used anti-piracy software that ensured only songs from its own iTunes store could be played on its iPod devices.
Apple CEO Steve Jobs stands next to a projection of an iPod Nano at an Apple announcement in San Francisco. Dressed in his trademark black turtleneck and blue jeans, Jobs appeared impatient at times and swivelled in his chair during the interview session shown in court, which was recorded at Apple's headquarters in Cupertino, California.
Attorneys for a group of consumers and iPod resellers contend say that froze rival device-makers out of the market, allowing Apple to sell iPods at inflated prices.
The plaintiffs are seeking $350 million in damages, which could be tripled if the jury agrees Apple violated antitrust rules.
Jurors saw the video on the fourth day of trial in a case that has been rocked by an unusual development.
Apple attorneys late Thursday said neither of the women named as plaintiffs purchased iPods equipped with the restrictive software during the timeframe covered by the lawsuit, which is September 2006 to March 2009.
Apple lawyer William Isaacson formally asked the judge on Friday to dismiss the case because the two women can't claim to have suffered the harm alleged in the suit.
The motion came after plaintiff Marianna Rosen testified Wednesday and, in response to questions, showed an iPod that she said she bought in 2008.
Isaacson said Apple checked the serial number later in the day and found it was actually purchased in July 2009.
Attorneys who brought the suit had already conceded that iPods purchased by the other plaintiff, Melanie Wilson, weren't covered by the suit.
They agreed Friday to drop Wilson from the case, but plaintiffs' attorney Bonny Sweeney said Rosen is still eligible to proceed because she has receipts showing she bought two other iPods in September 2008.
When Isaacson countered that Apple's records show those two iPods were purchased by Rosen's husband's law firm, Sweeney said Rosen was authorized to use the firm's credit card for her own purchases.
The judge asked Sweeney to submit a formal response to Isaacson's arguments over the weekend, but Rogers didn't say when she'll make a decision.
Claimants say Apple's (co-founder Steve Job is pictured) restrictive software froze out competitors. Apple stopped using the software in 2009, which means the lawsuit only covers models bought until March 2009. But serial numbers show plaintiff Marianna Rosen's iPod was bought in July 2009
Apple insists its move was a legitimate security measure.
Security director Augustin Farrugia said in court that his company was protecting users from hackers and malware by removing MP3s downloaded from outside of iTunes.
Now, Apple has said new evidence shows the two women named as plaintiffs may not have bought iPod models covered by the lawsuit.
Plaintiffs are claiming Apple's restrictive software froze out competitors and allowed Apple to sell iPods at inflated prices.
They are seeking $350 million (£224m) in damages, which could be tripled if the jury finds Apple broke federal anti-trust law.
Apple stopped using the particular software in question in 2009, which means the lawsuit only covers iPod models bought between September 2006 and March 2009.
This means the colourful iPod Nano, released in September 2009, and later generations of the devices are not covered.
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