What? This is totally different. The court could be potentially applying affirmative action to an otherwise free market. It's a pretty dangerous precedent to set, IMO.
What?
Yes though, I do think Apple has a monopoly on the digital music market. It's always good to have alternatives. An example of Apple leading (At least psychologically, they technically were not first) in pressuring competition to embrace and idea is DRM.
Jobs called for the striking down of DRM (Which while a publicity stunt, since Apple is probably second only to Microsoft in the DRM love fest.) and it quickly became a domino effect of people latching on to the next big thing. It started with only EMI, and has grown into a full blown movement since then.
Same goes for mobile browsing, they changed the landscape. As a result, others have tried to as well.
So yes, this is very driven by competition. People react positively to subscription music. It's a smart move by Apple, even if it does come with that almost characteristic control-freak type restrictions in place like lump payments and MobileMe inflexibility.