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For the original thoery, I do not think this is plausible. What legal platform would Sony stand on? Apple is not preventing others from negotiating with the content provider. There is no barrier for one to set up one's own shop. Transmission of that content is obvious not an issue.
Apple could argue: we negotiated the contract, digitized the content, handled the billing, and paid for the bandwidth (at least the delivery part) to the consumer on a player we built and they built. Hard to argue with that.
If this is remotely winnable, we would have already seen legal action from Real, for one.
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