Another class action lawsuit over the risk of iTunes purchased content removal

Apple is already facing a class-action lawsuit over the potential for iTunes purchased content removal, and it’s now faced with another on the opposite side of the country.

Both lawsuits make the same complaint: that the iTunes store wording says that you can “buy” or “rent” movies, while the reality is that you can only license them – and that license can be later withdrawn.

As reported by the Hollywood Reporter, David Andino, the lead plaintiff in this case, argues the “distinction is deceptive” and alleges that “Apple reserves the right to terminate access to what consumers have ‘purchased.’”

The complaint further notes that “when a licensing agreement terminates for whatever reason, Apple is required to pull the Digital Content from the consumers’ Purchased Folder and it does so without prior warning to the consumer […]

Except for content Defendant owns outright, the Digital Content purported to be sold on iTunes is licensed to Apple by the Digital Content’s owner. These licensing arrangements mean that, unlike in a true sale, Defendant can never pass title to the purchasing consumer. Accordingly, when a licensing agreement terminates for whatever reason, Defendant is required to pull the Digital Content from the consumers’ Purchased Folder and it does so without prior warning to the consumer.

This particular case doesn’t appear to be alleging any actual loss of content, only arguing that Apple is engaging in a deceptive practice by claiming that it “sells” content to customers.