Apple sued over iPod nano scratches | iLounge News

Apple sued over iPod nano scratches

A class-action lawsuit has been filed against Apple over the iPod nano’s tendency to get scratched easily. The complaint was filed Wednesday in the U.S. District Court in the Northern District of California in San Jose on behalf of nano owner Jason Tomczak and others who have purchased the device.
The lawsuit alleges that nano screens “scratch excessively during normal usage, rendering the screen on the nanos unreadable, and violating state consumer protection statutes… and causing Plaintiff class members to incur loss of use and monetary damages.

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This kind of lawsuit is ridiculous! It is like suing a cafe because people have burnt their tongue from drinking hot coffee or suing McDonalds for getting fat! Come on guys! Suing Apple for scratched iPod?! This is not justice… it is stupid.

Posted by floridante2k on October 21, 2005 at 11:27 AM (CDT)


so if this lawsuit goes through can i crash my car into a chanlink fence and then sue ford because it got scratched in normal use, come on people buy a stupid case for things that you pay $250 for

Posted by matthew justice on October 21, 2005 at 11:37 AM (CDT)


For all their ingenuity, you’d think that Apple’d engineer a material that didn’t scratch - normal, clear fiberglass, for instance? - instead of the opposite.  The nano enclosure seems engineered to accumulate scratches for no reason.

Posted by Andrew on October 21, 2005 at 11:59 AM (CDT)


I think i just got dumber after reading this article! Why in the world would they wanna sue over a $250 device, that they scratched themselves through normal use/lack of care, and then want to get reimbursed for their lawyer fees which cost more…...hmm!

Posted by shaunyeap on October 21, 2005 at 12:02 PM (CDT)


why the need to seek nano profits?...hmmm…me thinks Mr. Tomczak and others may care less if their nano’s got replaced/fixed or not.

Mr. Tomczak and others have given me a great idea…i’ll lend my laptop to a local school for a month or so….by then the letters on the keys would probably get worn off due to overuse…I’ll sue the laptop company for not making the letters on the keys resistant to overuse and while i’m at it I guess i’ll spill some scolding hot coffee on it too….mwhahahahahha now i’ll also sue for not making the keyboard coffee resistant…..heheheheh…..delicious. Oh and i’ll get my friends in on it too…perfect. Lets see, i will seek damage to my comp of course and also damage to my mental status (i go crazy when i can’t use my comp)....and of course cutting me a share of the laptop profits, cause daddy’s got to hit vegas baby….all the local buffets and strip joints are just crying for me….they need my help ($$$) don’t ya know. Somebody’s got to keep those businesses open.

Posted by jah on October 21, 2005 at 12:05 PM (CDT)


people assume that the unit is indestructable because it’s flash memory and they don’t have to worry about the hard drive so they the get careless, and then because it’s not cool to accept responsibiliy anymore they blame it on someone else, and try to steal what isn’t thiers.

Posted by wes on October 21, 2005 at 12:11 PM (CDT)


I’m gonna sue ilounge for reporting this story….it made my brainache. Where there’s pain there’s a claim!!!!! This morning I looked up to the sky and I was blinded. There was no sign to say ‘Don’t look into the Sun’ Can someone tell me who I can sue for this. Come on it’s common sense if you place ANY ipod that is unprotected into a pocket or bag it scratches. As does your phone, palm, ipac, laptop, PSP, etc. etc. The only gadgets that don’t scratch are ugly, heavy plastic and dull. Get a life!

Posted by brainache on October 21, 2005 at 12:15 PM (CDT)


While I do think it’s crap that you have to wrap the nano in a plastic protector to put it in your pocket, it’s just a hazard of the game.  Caveat Emptor, folks.  It’s not Apple’s fault your jeans are abrasive to the screen.  It’s just unfortunate.  Suck it up and get one of those 3M-sourced indestructible invisibleShields and move on.

And, just a side note, IANAL or anything, but asking for a share of Nano profits sort of lets the light into the inner sanctum of your money grubbing scheme.  If it was truly an honest gripe, why would you seek more than a refund?  Mr. Tomczak, you’re a greedy sycophant capitalizing on a media uproar regarding a subjective product defect.  I can only hope your ambulance-chasing legal team proves as inept as you are avaricious.

Posted by Adam on October 21, 2005 at 12:22 PM (CDT)


The Nanos (all Ipods for that matter) are meant to be carried in your pocket. 

If it gets scratched up to the point where the screen is unreadable by the simple act of being carried in a pocket, there is a problem.

No one should be “forced” to buy a case just to keep the Nano usable. 
Analogy: Your don’t expect your car’s windshield to be just-out-of-factory perfect after a year of driving, some minor scratches/nicks are inevitable.  But after a month if it’s scratched to the point where it seriously hinders your ability to see by the simple act of driving your car, you have to admit you would blame the manufacturer. 

If other people told you that this auto manufacturer’s windshields become damaged to the point of rendering the car near unusable just by driving normally, I think you’d blame the manufacturer.

Posted by david on October 21, 2005 at 12:23 PM (CDT)


Darn greedy egomaniac mouthbreathing idiots wasting precious court time. You could never pull this kind of BS in say Germany, because in most countries that are not the US of A a certain level of basic intelligence is taken for granted.

Posted by Bad Beaver on October 21, 2005 at 12:25 PM (CDT)


Yes… Bad Beaver is absolutely right… human stupidity/greed knows no bound…

Posted by floridante2k on October 21, 2005 at 12:29 PM (CDT)


Yes, my brain hurts too, and I feel dumber having read this piece of “news”. Class action!

Posted by Bad Beaver on October 21, 2005 at 12:30 PM (CDT)


I agree with david….yes you may expect the ipod to get scratched, but not to the extent that the nano did in such a short time…apple dropped the ball on that one…I had an IAudio X5, and i dropped it numours times, and took it through normal wear, and not one scratch..No case needed…

Posted by hashholly on October 21, 2005 at 1:06 PM (CDT)


I HATE frivolous lawsuits, especially, slimy class actions. This one is NOT frivolous, it is OVERdue. It seems t be the ONLY way to get Apple’s attention. How else to compel them to spend a few more pennies on scratchproof finishes! Do these finishes, and, materials, exist? Of COURSE they exist. The law states that a consumer is entitles to expect that a product performs in a fashion in accordance with reasonble expectations. While we’re on the subject, all these ridiculous “protective” cases are an indictment of Apple’s LOUSY design.  Pretty looks, only out of the box, is for suckers.

Posted by Caesar on October 21, 2005 at 1:10 PM (CDT)


Last month, I went into the Apple store in Danbury, CT and two different Sharper Image stores (Danbury Mall and San Diego Mall) to look at their demo models.  All the mini screens were almost perfect and all the nano screens were severely scratched… all of them. 

I was just trying to decide if I should wait to buy or if this was just a bunch of hype.  Why is it so hard for people to believe that maybe the nano screen is made of a softer plastic?  I personally have no agenda… I’ve purchased four ipods for my family. 

I’m surprised that there isn’t an independant study published that could easily resolve this with data.  Take a look at both models and decide for yourself.

Posted by Planet1960 on October 21, 2005 at 1:21 PM (CDT)


People, the point is that Apple own this market and have almost no competition.  There is limited choice these days.  I would rather not have bought a nano, but what other choices do I have for a 4GB flash player?
The screen is purposely made to scratch to get us to buy a case.  There is no doubt about this…it’s not rocket science to figure this out.  They are creating a market for iPOD accessories.


Posted by lip on October 21, 2005 at 1:29 PM (CDT)


I hate frivilous lawsuits as much as the next guy, and personally I think this one should be tossed. That being said, iPods, since the beginning, have been rediculously scratch prone. And it jsut doesn’t have to be that way. My Sony Ericsson phone, with a screen bigger than a Nano’s, has been in and out of my pocket for 8 months (not to mention, dropped a few times), and the screen has barely a scratch on it. Clearly, scratch resistant screen surfaces exist. It is time Apple starts using them.

Posted by joel on October 21, 2005 at 1:39 PM (CDT)


Good lord. People will sue for anything and everything in this country.

Didn’t Apple already acknowledge the problem with the Nano screens and agree to replace them? If that’s the case, what damages did these people suffer?

Posted by podeluxe on October 21, 2005 at 1:59 PM (CDT)


All I have to say to the “frivolous lawsuit” poo-pooers…  Try actually knowing the causes of action for the lawsuits so that you can actually determine the merits before you judge them based on one sentence newspaper headline.  Often, there is more to every “suing McDonalds for coffee” than what it appears.

Posted by NeoteriX on October 21, 2005 at 2:20 PM (CDT)


All of you calling this lawsuit frivolous: if you do not own and use a nano, then your opinion is not really relevant.

I remember when people complained about the nano LCDs breaking. You were calling them all sorts of names until Apple admitted there was a “minor, but real problem”.

Posted by Dave on October 21, 2005 at 2:41 PM (CDT)

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