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One of the two named plaintiffs in the long-running class-action lawsuit over Apple's FairPlay DRM was withdrawn on Friday by their attorneys, just one day after the revelation that neither plaintiff may be a member of the class they represent.
Plaintiff Melanie Tucker was removed from the case after it was discovered that her iPod purchases did not fall within the span covered by the lawsuit, according to the New York Times. Tucker purchased an iPod touch in 2010 and an iPod in 2005, while the lawsuit addresses purchases between Sept. 12, 2006 and March 31, 2009.
The standing of the remaining plaintiff, Marianna Rosen, is still in question. Apple told the court on Thursday that the serial number on Rosen's iPod indicated that the device was purchased in July 2009, though Rosen insists that she purchased another iPod touch in 2008.
"I am concerned that I don't have a plaintiff," Judge Yvonne Gonzales Rogers said when told of the complications. "That's a problem."
There is no word on when the judge will rule on Rosen's eligibility, an issue that could torpedo the entire suit. The class is seeking $350 million in damages, alleging that Apple's FairPlay DRM allowed the company to create a de facto monopoly with the iPod and iTunes Music Store.