Motion denied: Class-action suit against Apple, AT&T continues

The class action antitrust lawsuit filed against Apple and AT&T last year for their strict control over the iPhone has withstood the companies' motions to dismiss, Northern California District Court Judge James Ware has ruled.

The original filing on behalf of Paul Holman, Lucy Rivello, and a class of complainants one year ago alleged that Apple "implemented a scheme to prohibit users from acquiring programs to run on the iPhone unless those were purchased directly from Apple." and that AT&T "will not provide the unlock code for the iPhone for international travel or otherwise. On information and belief, that is because AT&T and Apple unlawfully agreed that the iPhone would not be unlocked under any circumstances."

AT&T and Apple both moved for arbitration and dismissal of the case's class action through a series of motions against the plaintiffs. These included motions to dismiss all Sherman Antitrust Act claims, computer trespass claims, and computer fraud claims; all of which were denied by the court. The court, however, acknowledged Apple's motions to dismiss the accusations of unfair and deceptive trade practices.

Last month, a federal suit against Apple similarly accusing the company of deceptive trade practices regarding the iPhone's battery life was denied after being escalated from an Illinois State court case.