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iPod nano class action suit expanded to include UK, Mexico

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By LC Angell

Contributing Editor
Published: Monday, November 7, 2005
News Categories: iPod nano

Following a similar lawsuit last month, iPod nano owners in the United Kingdom and Mexico have filed a class-action suit against Apple over the nano’s susceptibility to scratches. The consumers of the international suit are being represented by the same two law firms as the U.S. case. The new suit was filed last Friday in the United States District Court for the Northern District of California.

“Apple’s iPod nano has sold in record numbers around the world, just as it did in the US,” said Steve Berman, lead attorney on both cases. “It seems that wherever the nano is sold, problems with the defective design soon follow.” According to Berman, “The far-reaching response also reveals that this is not just a small problem or a bad batch of Nano’s, but a defect in the overall design that should have been rectified prior to the release.”

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Comments

1

So people worldwide are now confessing their lack of common sense.

Sad. Very sad.

Posted by LilAlienD in Maryland on November 7, 2005 at 8:59 PM (PDT)

2

They say that all great empires and civilizations must come to an end at some point. Some by economic turmoil, others takend out by disease. If we let people sue a company over scratches that THEY put on them, then in fact we may start to see the end of civilization as we know it. There is no excuse for this kind of irresponsible retrobution these people seek.

Posted by M Bargo in Chicago, IL on November 7, 2005 at 9:16 PM (PDT)

3

pathetic.. perhaps if people treated their equipment with more respect it would be less “scratched”.. I’ve never seen such crap, what a bunch of pussies. Apple is going to walk all over this one…

Posted by James on November 7, 2005 at 9:35 PM (PDT)

4

Well, great.

So, if Apple does settle, (which will be what happens if they do let this go that far…)  This will result in what?  $10 Apple store coupons for anyone who bought a nano before a specific date?  Great.  Apple either just bought 10 free songs per person, or maybe half off a new case or iTrip.  Way to shake Apple down, Lawyers. 

Watch.  This will be exactly what happens.  Don’t believe me?  Nintendo and Sony have both done this in the past when faced with large scale CA lawsuits.  All that resulted was that people got coupons to buy more stuff from the same people.

Posted by Aaron on November 7, 2005 at 9:46 PM (PDT)

5

The lawsuit is absurd. I have not seen enough evidence to know for sure whether or not the nanos are more likely to scratch than the others (though it seems unlikely to me), nut the lawsuit is seeking such retribution as a share of the profits Apple made on the nano. Bottom line, this is a greedy law firm that smelled blood after the battery settlement and jumped on the first complaint bandwagon they could find.

Posted by Zac on November 7, 2005 at 9:52 PM (PDT)

6

What’s sad here is that it is the same attorney’s that are filing suit. I suspect that it is not so much consumers complaining as it is a law firm trying to generate business.

If you have a problem with your Nano you are far better contacting the manufacturer or returning to the retailed. The only one that is going to get anything out of a class action suit is the attorneys.

Posted by Chad on November 7, 2005 at 9:54 PM (PDT)

7

The thing was made to get scratched…just like every other ipod that was made, and everyone knows that. Dont blame Apple blame yourself for scratching it. Dont get me wrong Ive got a 4th gen 20gb and a black nano and i love ‘em both. You dont want your ipod getting scratched? put ‘em in a case.
Personally the power support film works great for me.

Posted by Avi on November 7, 2005 at 10:11 PM (PDT)

8

Steve Berman defended Microsoft against the DOJ, I think that says a lot.

I have a nano since almost a month and I didn’t use a case, I did use paper towels on it. While there are some little scratches here and there, it’s far from making the screen unreadable. Some Brasso ($4 a can) will likely remove all of the scratches.

This class-action is aimed at hurting Apple, plain and simple…

Posted by Polka on November 7, 2005 at 10:42 PM (PDT)

9

the product is defective if its not working…i seriously doubt they are fighting for consumer rights.

Posted by nosaru on November 8, 2005 at 12:33 AM (PDT)

10

This is a blatant attack on the free enterprise system by blood thirsty, fee seeking lawyers. What ever happened to “caveat emptor”, which means, “let the buyer beware?” Whatever happened to, consumer responsibility for what one owns? This type of legal abuse strikes at the very core of any societies chance at liberty and freedom concerning intellectual property rights and the ability to imagine and dream. If these types of very frivolous, slanderous, draconian, type lawyer legal bashing cases continue, few companies will try to innovate, for fear of reprisal and loss of investment. This is disgusting that people line up for a drink blood from the latest “shark” kill. Any kindergartener can see this is a law firm lined up for ill-gotten gain of Apple’s success. It always costs us the faithful customer in the end. Can’t people see that?
How law firms like this can sleep at night is beyond me.

Posted by Brent on November 8, 2005 at 1:46 AM (PDT)

11

The ipod, is aproduct which scratches very very easily.

I have got some other gadgets and they do not scratch that munch. My casio camera looks brand-new after 6 months.  I bought a nano and I put it always into my soft shirt pocket. I sycn-ed it while putting it on soft paper, not directly on the table. I did not had any contact with corrossive material. Nevertheless it got scratched. I have no idea how it happened. It is designed so: to create an accessory market arround. My invisibleshield came a week after the nanos shipping but unfortunately the nano had already some scratches at the (very soft) back side. Is it normal?

That is not the way. If you want to do a great product you have also to usar better materials.
The people of the class action maybe gone too far. But it would not happen if Apple DAPs where made out of better and ressistant materials.

Just my two cents.

regards.

Posted by AlejandroC on November 8, 2005 at 3:49 AM (PDT)

12

Personally I don’t think that the nanos are any more scratchable than any other type of iPod. The only difference is the way people use them.

Because of it’s tiny size people just throw them in their bag/purse/pocket with keys and other junk. If you treat anything like that it will get scratched.

Scratches that happen after the product has been purchased is down to the owner not the company that made it.

Posted by Andyk on November 8, 2005 at 4:59 AM (PDT)

13

This suit is so obviously aimed at hurting Apple. I wouldn’t be surprised if these people sueing Apple were working for other companies in competition with Apple. And what are these people doing to their Nanos? Cleaning them with steel wool? Prove you treated your Nano with care. The first guy who brought this to everyone’s attention (I forget his name) over in the USA, I can imagine him at home trying all he can to scratch up his Nano, for the sole reason of making a complaint. Who does he work for?

Posted by Lisa on November 8, 2005 at 6:09 AM (PDT)

14

Just try to scratch the back side with your fingers nail. Check it out by your own. Apple iPods in general are very easily (under regular conditions) scratchable products.

Posted by AlejandroC on November 8, 2005 at 6:48 AM (PDT)

15

I have an Ipod Shuffle, and yes after a few weeks of use it has scratches on it, but so what I don’t run to lawyers and shout “Waaaa!! My I sctatched my Ipod, I want loadsa money from Apple!”.

These people filing these lawsuits should get over it, or either that behind them is Apple conpetitors, they can’t beat Apple so lets send in the lawyers.

Posted by IpodShuffeRob on November 8, 2005 at 7:31 AM (PDT)

16

Had a 15GB 3rd Gen that had several deep screen scratches after one evening in my suit-jacket pocket. 
Learned my lesson, and bought a PDA Screen Protector - End Of Story.  This was 2003.

Class Action Lawsuit:
Firm Representing Case = $$$$$
People who brough Claim = $
People with Scratched Nanos = $25 Coupon

Pathetic.

Posted by SeenThisBefore on November 8, 2005 at 8:05 AM (PDT)

17

It is a relief that people are tired of this lawsuit-oriented generation. There is hope for sanity afterall smile
To the people who are complaining about scratches on iPod… please get over it and do some research before you buy a product (it is a well-known fact that iPods get scratches easily).

Posted by floridante2k on November 8, 2005 at 9:01 AM (PDT)

18

scratch doesn’t stop nano from working properly, theres no flaw in design. get over it. that lawer isnt fighting for consumer he’s only seeking for profit out of it and hurting apple by doing so.

Posted by nosaru on November 8, 2005 at 9:50 AM (PDT)

19

Out of left field, but does anyone know Apple’s position on the secondary iPod market? I mean, engraving is supposed to decrease its resale value, but Apple promotes it because it’s free. Could it be that by keeping these guys scratch prone Apple can depress the secondary market so those looking for a good condition iPod would be more likely to buy a new one (and generate profits for Apple) than a used one.

Posted by Manx on November 8, 2005 at 10:04 AM (PDT)

20

I’m on my third ipod. The third one being a Nano. Although I don’t agree with the lawsuit, I do agree that the nano scratches really easily, I’m very careful with my nano, and used “isock” but even using the isock didn’t prevent scratches. With that said I recently bought a product (invisible shield) that protects it form scratches, I just wish I’d known about it earlier. But as far the the lawsuit goes, it a nonsense.

Posted by kalio on November 8, 2005 at 3:24 PM (PDT)

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