Stop the presses!

A decade ago, before iOS vs. Android, there was one of the bloodiest wars of attrition of the early web: online music stores. Microsoft, Real and myriad others tried to dethrone Apple’s iTunes through bare-knuckle competition, press battles, lawsuits and hacking…all in vain.

As we enter the streaming media era, the last of these battles, and undoubtedly the most inane, has ended with a unanimous rejection by a jury in just three hours on Dec 16. The trial had long become a circus act, as have many of the cases involving Apple, notably in the court rooms of Judges Lucy Koh, Denise Cote and Yvonne Gonzalez Rogers. Indeed, this ended up being a 10-year old class-action case without a single plaintiff! As one law professor put it:

Frankly, I find that flabbergasting, that in a universe of eight million potential plaintiffs, the two that were selected were disqualified. That really tells you a lot about this trial.

About a dozen days prior to this inevitable conclusion, the lawyers for the plaintiffs argued that Apple had deliberately and secretly deleted competitors’ songs from users’ iPods. That’s what the lawyers who couldn’t find two qualified plaintiffs out of eight million prospects said. Here’s what the media reported the next day as fact:


There were dozens and dozens of versions of this ‘fact’ syndicated in a zillion outlets: “Apple had deliberately and secretly deleted competitors’ songs from users’ iPods”.

Of course, it takes exactly two words to rise above click-bait headline framing:

Here’s how Apple’s lead lawyer reacted to it in his closing statement:

There’s not one piece of evidence of a single individual who lost a single song, not even a complaint about it. This is all made up at this point.

This is clearly a simple example, and yet this is how it happens: one story at a time, thousands of times a day, every day. Yes, journalism isn’t exact science, but from epidemiology to space exploration, from technology reporting to business coverage, the sheer amount of fact-free, opinion-framing ‘news’ is now exceeding our collective ability to notice, care or correct. Yes, journalism has always been messy, but the speed with which it’s generated, aggregated and distributed may now be overwhelming us. Yes, we have ever growing access to filtering software to shape our own sphere of coverage, and yet tens of millions of people read, and likely most believed, that Apple had deliberately and secretly deleted competitors’ songs from users’ iPods, an impression which may never be sufficiently corrected. Yes, we’re getting better tools to find and check facts, and yet the incentives to not deceive readers through disingenuous headlining and packaging are clearly not in place. How many headline corrections have you seen in this case?

Paradoxically, in the age of oncoming vertically integrated digital-media companies it may become easier, and certainly faster, to ignore the facts.

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