With all the hoopla of the video iPod and speculation that Apple was going to release a media center-style PC and switch to Intel chips, it seems that the media last September inadvertently – or knowingly – forgot to post the news (via Tera Patricks ) that Judge James Ware, of the U.S. District Court of Northern California, has found the plaintiff, Thomas Slattery, as having "met all requirements for asserting [Apple"s iTunes + iPod] tying claim.
Noting that the complaint alleges Apple has an 80 percent share of the market for legal digital music files and more than 90 percent of the market for portable hard-drive digital music players." Moreover, Judge Ware has given the green light to Slattery to proceed with his monopolization claim under the federal Sherman Antitrust Act.