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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for the nay-sayers, i say… consider the fact that it wouldn’t be inappropriate to think that apple might be purposely retiring from the 4g acrylic to the more scratchable surface we see in the nano, and now the 5g.  the consumer is forced to buy another ipod in a few years, if the IPOD ICONIC STATUS doesn’t overwelm them into buying a new ipod every 6 months.  afterall, steve jobs in the business to make money, not friends.

Posted by brian on October 21, 2005 at 2:45 PM (CDT)


Oh, brother.  More people looking to cash in and win the “Sue ‘em Lottery”.

If the suit doesn’t get thrown out, the lawyers will pocket millions. Meanwhile, Nano owners will get a nifty $25 coupon off their next in-store $400 purchase - yeah, great!

All you have to do to play the “Let’s Sue ‘em Lotto” is to call the law offices of Dewey, Cheatum, and Howe.

Posted by Obadiah on October 21, 2005 at 3:15 PM (CDT)


Good. Apple deserve’s it.

There were stupid enough to release the nano with the “ultra soft” plastic.

The thing can view photo’s…But how? When It’s scratched up like hell and is unviewable it’s useless.

And it’s JUST from putting it in your pocket.

Posted by :3 on October 21, 2005 at 3:26 PM (CDT)


I remember the good ol’ days. Back in “the day” we knew it to be a truism that if we wanted something to stay in great shape we would do one of two things: protect it, leave it in the box.

There’s a reason there is a market for cases for all sorts of products - to keep them in great shape.

Of course, you could just keep it in the box.

Posted by Brian Lewis on October 21, 2005 at 3:41 PM (CDT)


Bottomline. This ISN’T about Apple. Lip is correct, i.e. .  “’s not rocket science to figure this out.  They are creating a market for iPOD accessories…”.

I’m in the (practical)minority that DOESN’T drink KoolAid, that carries their cell in pocket, together with keys & coins; the cell screen is totally scratchless. Then again, I don’t get off on “cool”, “groovy” add-on cases to “personalize” a f**ing MPS player. My nano’s on the way. I’m getting this condom for it:

Have a good day.

Posted by Caesar on October 21, 2005 at 3:46 PM (CDT)


Why not also sue the car companies because your car gets scratches and nicks on it. All of these assinine suing so-called humans and their lawyers should be put on an island somewhere and hopefully they would kill each other.

Posted by Bob on October 21, 2005 at 4:15 PM (CDT)


The unit shouldn’t scratch just by putting it in your pocket or wiping it with a soft cotton cloth.  Apple should get sued.

Posted by JRoddz on October 21, 2005 at 4:23 PM (CDT)


Amongst Bob’s numerous gifts, critical thinking takes a backseat. My (10 year old) Camry wagon V6LE is in nearly the same good cosmetic condition as my 1 yr. old Lexus. Despite fact that Camry is parked OUTside. Toyata sells because of its magnificent quality control & quality materials. Our friend, Bob, does not grasp the essence of the Uniform Sales Act, which provides that a manufacturer is OBLIGATED via IMPLIED WARRANTY, hey! Bob! IMPLIED, look it up, that reasonable performance characteristics be satisfied. As the slogan goes, “A mind is such a precious thing to waste…”. Maybe Jobs should sell different nano models to people with differeing IQs. Guess that is reflected in the music we favor, RIGHT, Bob?

Posted by Caesar on October 21, 2005 at 4:29 PM (CDT)


Unit replacement or refund and lawyers fee (if they have proof that they tried to contact apple about the problem) I can maybe see, but profits? That’s just plain greed. The article says he used a “paper towel” that’s pretty harsh, you dont clean plastic eyeglass lenses with paper towels because they wil scratch, why would you clean a plastic screen with one. Sounds like a greedy load of crap to me…..

Posted by Raymond Nelson on October 21, 2005 at 5:25 PM (CDT)


Planet1960 has it right.  Look at the post above.  Just the facts man.  The minis are not scrached, the nanos are.  Isn’t that a clue?  Where are the independant studies?  If it was all about selling third party cases, why didn’t they use cheap screens on the minis?  I agree - go look at the difference for yourself.

Posted by Temp on October 21, 2005 at 6:00 PM (CDT)


I think everyone on here is making valid points. Apple did recognise a problem with its Nano cases. I have a white Nano and I heard about the scratches. I decided to keep the plastic cover that it comes in on it and I have had no problems. I think this guy should give Apple some time to respond to the problem before taking the case to court or he could have just gotten a refund and bought some other mp3 player on the market. I guess we will just have to see the facts prestented from both sides before we can make a valid judgment.

Posted by MJ on October 21, 2005 at 7:03 PM (CDT)


WHAT are ALL the f***ing capitals FOR ?

Posted by bean on October 21, 2005 at 7:13 PM (CDT)


My nano has survived the scratches so I don’t get what ppl are buggin for?! There was a lady in the Apple store making a scene because her iPod Mini didn’t want to work anymore because SHE DROPPED IT!! and the damage was noticeable!! She said “Well I’ve dropped my camera before and it still works!” People are just ignorant when it comes to electronics and do not realize that they carry a COMPTUER aka the iPod in their pocket -1-

Posted by AZ on October 21, 2005 at 8:22 PM (CDT)


1) I carry my unprotected nano in my pocket; it has the micro scratches that all iPods get, but they are only visible in angled light, and the screen visibility is not hindered in the least. I have had the nano since the first orders shipped. I will not put it into a case…nor will I put it into a pocket with keys or sharp objects. I have no sympathy for people who moan over their scratches, especially when they are easily removed with Displex/Novus/or even Brasso.

2) HOWEVER, Apple can and should use a less scratchy material….this is technically possible and I don’t know anyone who would be unpleased with this.

3) If the lawsuit gets Apple to produce less scratchy iPods, great! But the damages sought by the plaintiffs are nuts and completely unreasonable, IMHO.

Posted by Tom Affinito on October 21, 2005 at 9:01 PM (CDT)


If they want to sue Apple for the scratches because nano fell short of their expectations, fine. But have a look at what they are demanding:

“...damages including the retail price paid for the nanos, statutory and punitive damages, attorneys’ fees, and A SHARE OF NANO’S PROFITS.”

And so I’ve lost all sympathy for these people. Smells like a scam.

Posted by Giles on October 21, 2005 at 9:34 PM (CDT)


I have a nano and mine is the same as Tom’s: very light scratches but no problem with visibility. No I did not just buy it and no I don’t obsessively keep it in a case. Yeah I’m careful with putting keys and stuff in the same pocket but that’s nothing special. I’d do that with any iPod, or any gadget for that matter.
BTW my Sony Ericsson is QUITE scratched and I have been just as careful with it. I’ve had it for a little over a year so I don’t think it’s as scratch-resistent as some claim.
People: Shiny stuff will scratch if you use it. If you want to keep it nice, BE CAREFUL WITH IT.

Posted by Joshdude in Long Beach, CA on October 21, 2005 at 11:10 PM (CDT)


Two things are obvious here so I’ll be the judge and jury (save a lot of time and money) and give you the verdict.

The current Apple iPod products use sub-standard materials for their intended purpose and Apple will make a concerted effort to rectify this by switching to a higher grade material when launching further models. Current iPods will be sold with a small, cheap adhesive plastic film (the kind used to protect LCD screens on digicams) which will be included in the box.
Apple will NOT be held responsible for damage caused by scratching which is something that happens in normal use to lesser or greater degrees with ALL consumer products.
Consumers CHOOSE to buy the products and are not forced into buying them by Apple, or indeed any other company.

Mr. Tomczak and supporters, will not be required to purchase or own any other iPod products for the remainder of their natural lives since they are clearly unhappy with them. Further, they will refrain from wasting
everyone’s time and money with this kind of lawsuit and in future will be permitted only to listen to music on vinyl long playing records ( which may also scratch easily) Future cases like this will not be accepted by legal representatives under the new COMMON SENSE ACT which unfortunately has not yet been passed ( but for goodness sake,,,it’s about time!)



Posted by Steve Jones on October 21, 2005 at 11:36 PM (CDT)


The iPod Nano (and the standard iPod:s) DO scratch very easily and that annoys me. The iPod mini is much, much more scratch resistant - just as the PowerBook compared to the iBook. I believe this is a very deliberate since even though if the iPod:s comes with a lot of new features and they’re smaller - the original iPod and the mini:s are still great products today. Products that scratch tend to feel older much faster and therefore the motivation to upgrade is much greater. In Apples case they know that for most users; there isn’t any product on the market they would switch to, if their old iPod feels old, it’s a new iPod they’re buying. Hence, more money.

Posted by Markus Kirsten on October 22, 2005 at 4:08 AM (CDT)


For those who complaint about how easily the nano screen can be scratched - buy a zen or iriver and give your nano to an under privileged kid and see how thankful he is.

BTW there are a lot of kids in some third world countries who would love to own a nano.

It is time to move on, by bickering doesn’t show anything except how petty you are.

Posted by Tired on October 22, 2005 at 6:21 AM (CDT)


why should we speak up for apple. we don’t gain anything. my as well hope that they lose the law suit, the nano users will gain alot. sorry apple, but the nano really gets scratched easily, its no use rushing through the production of the nanos. what customers want is quality!

Posted by yodagreg on October 22, 2005 at 10:32 AM (CDT)

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