"The Apple iPod iTunes Anti-Trust Litigation"

Filing 751

Administrative Motion to File Under Seal Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll; Plaintiffs' Responsive Separate Statement in Support of Opposition to Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll and Exhibits 1-4, 9-17, 20-29, 31-46, 48-54, 56, and 58-62 Under Seal Pursuant to Civil L.R. 7-11 and 79-5(c) filed by Somtai Troy Charoensak, Mariana Rosen, Melanie Tucker. (Attachments: # 1 Declaration in support thereof, # 2 Proposed Order Granting Plaintiffs' Administrative Motion to Seal, # 3 Unredacted Version of Plaintiffs Memorandum of Law in Opposition to Defendants Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll, # 4 Exhibit 1-2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5-8, # 8 Exhibit 9-17, # 9 Exhibit 18-19, # 10 Exhibit 20-29, # 11 Exhibit 30, # 12 Exhibit 31-35, # 13 Exhibit 36-46, # 14 Exhibit 47, # 15 Exhibit 48-54, # 16 Exhibit 55, # 17 Exhibit 56, # 18 Exhibit 57, # 19 Exhibit 58-62, # 20 Declaration of Bonny E. Sweeney in Support of Plaintiffs Memorandum of Law in Opposition to Defendants Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll, # 21 Unredacted Version of Plaintiffs' Responsive Separate Statement in Support of Opposition to Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll, # 22 Proposed Order Denying Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll)(Sweeney, Bonny) (Filed on 1/13/2014)

EXHIBIT 18

iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE) || The Ma... Page 1 of 8

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iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE)

iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE)
by Bryan Chaffin, 3:30 PM EDT, October 11th, 2004

Apple's iPod and iPod mini had a 82% market share among hard drive-based portable music players
in the last year, according to August figures from market research firm NPG Group. For all types of
portable music players, Apple market share was 41.9%, the company told The Mac Observer, Monday.
A published report from Bloomberg News on Monday mistakingly gave the impression the 82%
share was for all players.
The figure are for the month of August and are for US retail stores only, excluding direct sales and
other online sales. The numbers are calculated using a percentage of actual unit sales reported by
major retailers, such as Apple's retail stores, together with consumers surveys of buying habits.
The 82% market share of hard drive-based players is up from 64% from a year ago and 33% from two
years ago, NPD said.
Among hard drive-based players, Creative Technology placed far second with a 3.7% share, followed
by Rio at 3.2%.
Among all portable music players - hard drive-based as well as flash-based - Apple was first with
41.9%, Rio in second with 10.0%, iRiver in third with 9.3%, and RCA in fourth with 9.0%.
Brad Gibson contributed to this article.
Bloomberg Article

Observer Comments
Show: Subjects Only | Full Comments
Name: AFCdtLoeb
Subject:

Posts: 2533 Joined: 20 Jul 2004

Close
Mon Oct 11, 2004 3:25 pm

http://www.macobserver.com/article/2004/10/11.11.shtml

2/28/2011

iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE) || The Ma... Page 2 of 8

82%?! Holy mother of Pearl!!!!

Reply | Quote

Name: Guest
Subject: Bring on the 60 Gig

Close
Mon Oct 11, 2004 4:47 pm

…my credit card is in hand and ready. Oh, and you can also bring on the lower capacity flashbased Apple players (iChips? microPods?), I'm sure there are legions waiting for those sub $100
players as well.
Question: how are they going to fit a click wheel on increasingly tiny players as well as a decent size
screen?

Reply | Quote

Name: Guest
Subject: NPG Group claims iPods hold a 82% market share

Close
Mon Oct 11, 2004 4:59 pm

Funny, that we're not seeing Reality Check's comments on this.

Reply | Quote

Name: Guest
Subject:

Close
Mon Oct 11, 2004 5:02 pm

> Question: how are they going to fit a click wheel on increasingly tiny
> players as well as a decent size screen?
My guess:
Apple flash players won't be (much) smaller than Mini's, just thinner.
I bet market research shows that if something is smaller than a credit card, people start to lose
them. Probably there is also a point of diminishing returns on usability (big fingers and all that).

Reply | Quote

Name: Guest
Subject: He's busy

Close
Mon Oct 11, 2004 5:08 pm

Quote
Guest wrote:
Funny, that we're not seeing Reality Check's comments on this.

That's because he's out right now trying to buy up as many non-iPod players as he can, to singlehandedly try and change the numbers.

http://www.macobserver.com/article/2004/10/11.11.shtml

2/28/2011

iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE) || The Ma... Page 3 of 8

Reply | Quote

Name: Guest
Subject: Missing MP3 players built into phones, palm/pda, etc.

Close
Mon Oct 11, 2004 5:37 pm

Do these numbers incldue video players? Phones that play MP3? Palms?
Name another hard drive based music player! Can't? That's because they're no comparison to the
iPod.

Reply | Quote

Name: slinky259
Subject:

Posts: 91 Joined: 24 Jun 2004

Close
Mon Oct 11, 2004 8:40 pm

Quote
Guest wrote:
Do these numbers incldue video players? Phones that play MP3? Palms?
Name another hard drive based music player! Can't? That's because they're no
comparison to the iPod.

Umm... that Rio one... think it's called Karma or something... Creative Nomad Zen thing... dell
jukebox... just off the top of my head.

not saying they are any competition - but people know they exist

Reply | Quote

Name: Guest
Subject:

Close
Mon Oct 11, 2004 8:58 pm

Quote
Guest wrote:
Funny, that we're not seeing Reality Check's comments on this.

Yeah, I was hoping for some insightful comments from him as well.

Reply | Quote

Name: Guest
Subject: Will your next MP3 player be a cell phone?

Close
Mon Oct 11, 2004 10:41 pm

http://reviews.cnet.com/4520-6450_7-5535370-1.html?tag=cnetfd.sd
Could this be the iPods undoing?

http://www.macobserver.com/article/2004/10/11.11.shtml

2/28/2011

iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE) || The Ma... Page 4 of 8

Maybe in about a year from now. Cell phones seem to be the more logical vector to assimilate these
peripheral technologies like PDAs, cameras, etc.
And all the iPod fans shuddered at the thought.

Reply | Quote

Name: Intruder Subject:

TMO Mac Specialist Posts: 3149 Joined: 07 Jul 2004

Close
Mon Oct 11, 2004 11:15 pm

Nope.

Reply | Quote

Name: Guest
Subject: Cell Phones?????

Close
Tue Oct 12, 2004 12:24 am

I'd be happy if they made a cell phone that worked like a phone, only a phone, and they can shove
the rest of the "features" where the sun don't shine.

Reply | Quote

Name: Small White Car Posts: 1960 Joined: 02 Jul 2004
Subject: Re: Will your next MP3 player be a cell phone?

Close
Tue Oct 12, 2004 12:28 am

Quote
Anonymous wrote:
http://reviews.cnet.com/4520-6450_7-5535370-1.html?tag=cnetfd.sd
Could this be the iPods undoing?
Maybe in about a year from now. Cell phones seem to be the more logical vector to
assimilate these peripheral technologies like PDAs, cameras, etc.
And all the iPod fans shuddered at the thought.

Whoo! $500 cell phones! Yeah, those'll take right off!
If they cost any less than that their features will be much less appealing than the iPod's.

Reply | Quote

Name: AyaSofya Posts: 137 Joined: 11 May 2004
Subject: $500 cell phone, I bought one

Close
Tue Oct 12, 2004 1:32 am

"Whoo! $500 cell phones! Yeah, those'll take right off!"
I bought my wife one, a Treo 600, because she is deaf and could use it for email communication.

http://www.macobserver.com/article/2004/10/11.11.shtml

2/28/2011

iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE) || The Ma... Page 5 of 8

The full keyboard makes it easier to compose messages, than trying to wrestle with the standard
phone keypad found on most cell phones. With the cell phone feature we thought it a better deal
than Blackberry. Actually the phone had a rebate at the time and the total cost was not much more
than higher end cell phone.
However, this summer she had a cochlear implant, this unit bypasses her damaged inner ear and
directly stimulates the audio nerve. She has regained over 50% of her hearing!
http://www.cochlearamericas.com/

Reply | Quote

Name: Guest
Subject:

Close
Tue Oct 12, 2004 9:09 am

AyaSofya, nice to hear about the positive news concerning the wife.
oharag

Reply | Quote

Name: Biff Posts: 1479 Joined: 08 Apr 2004
Subject: Re: Will RC's next MP3 player be a cell phone?

Close
Tue Oct 12, 2004 11:03 am

Quote
Guest wrote:
http://reviews.cnet.com/4520-6450_7-5535370-1.html?tag=cnetfd.sd
Could this be the iPods undoing?
Maybe in about a year from now. Cell phones seem to be the more logical vector to
assimilate these peripheral technologies like PDAs, cameras, etc.
And all the iPod fans shuddered at the thought.
Predictions of an iPod killer! All the others have been wrong but not this one! I mean come on could
this guy be wrong?
http://i.i.com.com/cnwk.1d/i/col/hed_mi.jpg
I'll just wait for a nice top secret bluetooth accessory that will be out for 4G iPod.

Reply | Quote

Name: jimothy
Subject:

Posts: 612 Joined: 04 Jun 2004

Close
Tue Oct 12, 2004 2:19 pm

Quote
AyaSofya wrote:
However, this summer she had a cochlear implant, this unit bypasses her damaged
inner ear and directly stimulates the audio nerve. She has regained over 50% of her
hearing! http://www.cochlearamericas.com/

http://www.macobserver.com/article/2004/10/11.11.shtml

2/28/2011

iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE) || The Ma... Page 6 of 8

Best of luck to your wife! First thing I'd do for her after the operation--get her an iPod!

Reply | Quote

Name: Guest
Subject: iRiver

Close
Fri Oct 15, 2004 5:26 pm

iRiver make *much* better hdd mp3 players than apple's ipod.
The iHP140 - a 40GB player, plays ogg vorbis files, builtin fm tuner, builtin recorder, mounts directly
as usb mass storage... the benefits go on an on.
And when I bought my iRiver, it was about $200AU cheaper than the same sized iPod, unbelievable!

Reply | Quote

Name: Guest
Subject: Will APPLE bring Flash iPod?

Close
Wed Dec 01, 2004 3:19 am

I've read some blog and news that Apple is contacting one chipmaker, a competitor of current
chipmaker.
And Apple is ready to introduce flas memory player by the end of this year.
Could it be true?

Reply | Quote

Name: Suffolkmina Posts: 2 Joined: 01 Dec 2004
Subject: Will Apple bring Flash iPod?

Close
Wed Dec 01, 2004 3:30 am

I've heard the same thing.
That'll cannivalize iPod, mini, and photo.

Reply | Quote

Name: Mace
Subject:

Posts: 9604 Joined: 07 Aug 2003

Close
Wed Dec 01, 2004 1:09 pm

Flash based iPod will not cannabilize the other iPod because those going for flash based are casual
buyers who do not buy much songs. Whereas those who have bought iPod tend to own/buy many
songs. They are two separate market segment.
The market share figures are confusing me. SJ reported during the last quarter results that iPod has
92% of hdd based and 65% of all music players. Why this article said is 82% and 42%, are those
figures for the whole year and SJ is talking about Q4 04 quarter only?

Reply | Quote

Name: Suffolkmina

Posts: 2 Joined: 01 Dec 2004

http://www.macobserver.com/article/2004/10/11.11.shtml

Close

2/28/2011

iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE) || The Ma... Page 7 of 8

Subject:

Tue Dec 07, 2004 12:04 am

I guess the MP3 market is just started market, so that there isn't much information that we can
really rely on.
Even when we can get projections about the whole MP3 market, we can't get trustful data for all
kinds...
Now, we can listen to MP3 music on our cell phone, and some cell phone mfrs have come up with
HDD and memory card slot on cell phones. If we get long-life batteries for our cell phone, we no
longer need MP3 player unless we need to store some data.

Reply | Quote

Name: Mace
Subject:

Posts: 9604 Joined: 07 Aug 2003

Close
Tue Dec 07, 2004 2:18 am

Quote
Suffolkmina wrote:
... Now, we can listen to MP3 music on our cell phone, and some cell phone mfrs have
come up with HDD and memory card slot on cell phones. If we get long-life batteries
for our cell phone, we no longer need MP3 player unless we need to store some data.
You have forgotten that there are guys like me who don't carry cell phone. Electronic gadgets are
now a fashion/status symbol just like jewelry not another functional device.

Reply | Quote

Name: Guest
Subject: It's surprising to see

Close
Thu Nov 03, 2005 10:21 pm

I can't believe apple has so many market shares

Reply | Quote

Name: Guest
Subject: full market share

Close
Mon Jan 08, 2007 2:53 pm

ahhhh help I'm doing research for my marketing course. Where can i find all the market share levels
for mp3 players?!?

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2/28/2011

iPod Claims 82% HD-Based Retail Market Share; 42% All Players (UPDATE) || The Ma... Page 8 of 8

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http://www.macobserver.com/article/2004/10/11.11.shtml

2/28/2011

EXHIBIT 19