One of the two named plaintiffs in the class-action lawsuit regarding Apple’s FairPlay DRM recently withdrew from the case, shortly after the revelation that neither plaintiff may be a member of the class they represent. It was plaintiff, Melanie Tucker, who removed herself from the case after it was discovered that her iPod purchases didn’t fall within the dates of September 12, 2006 and March 31, 2009.

As of right now, the standing of the remaining plaintiff, Mariana Rosen, continues to remain in question. According to Apple, the serial number on Rosen’s iPod indicated that the device was purchased in July of 2009 although Rosen insists that she purchased another iPod touch in 2008, which falls between the dates mentioned by the case. Judge Yvonne Gonzales Rogers had the following to say regarding the matter:

I am concerned that I don't have a plaintiff. That's a problem.
The judge has to rule on Rosen’s eligibility but there is no word of when that may happen. This particular decision is a large one as it could through the entire suit of course if the plaintiffs are ineligible. The class is currently seeking a sum of $350 million which will end up being over $1 billion if charged due to antitrust laws in the US. We’ll have to wait to see what happens but given the recent news, it seems very unlikely that Apple will lose the case.

Source: The New York Times