Sixth iPod nano lawsuit filed; Apple seeks to consolidate | iLounge News


Sixth iPod nano lawsuit filed; Apple seeks to consolidate

A Baton Rouge, Louisiana woman has filed a class-action lawsuit against Apple over the iPod nano’s proneness to scratching. Plaintiffs have now filed a total of six similar iPod nano lawsuits in California, New York and New Jersey.

“Apple marketed the nano—because it’s small and streamlined—to be used in outdoor activities and athletic activities,” said the woman’s lawyer, Philip Bohrer. “But these devices are not designed to withstand even routine use. There’s a flaw in the design that needs to be changed.”

In a memorandum seeking to consolidate all six federal class-action lawsuits and transfer them to the Northern District of California, Apple lawyer Penelope Preovolos said the company “denies that the iPod nano scratches excessively absent user abuse. The iPod nano is an extraordinarily popular and successful product and is free of defects.”

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We all know the ipod nano scratches but it is durable. Go read through this and tell me the nano isn’t durable. They ran it over with a car and it still played music.

Posted by Macromedia on December 27, 2005 at 2:06 PM (CST)


i just have to say that after initially hearing about the first lawsuit over nano scratching, i went into my local best buy and tried to leave a mark on their display model. no, i wasn’t going to try on my own ipod. i’ll admit that my fingernails are pretty solid, but aren’t razors. i wasn’t able to leave any mark on its surface, and probably wouldn’t be super upset if mine scratched. after all, i bought it to play music and view photos on the go. to each their own, i guess. maybe i should sue the buckle because a shirt i bought there has become sun faded during the summer.

Posted by matt on December 27, 2005 at 3:07 PM (CST)


I got the new 5G ipod and i totaly agree, the plastic cover is the suck!  I’ve been soooo careful with this and it has marks all over it.  I have a case for it now, because of this and am planning on buffing the scratches out after a few more months of use. The only two complaints i have about this ipod is the wimpy plastic cover and the low batery life while watching videos.  Ya, the videos qualtiy looks great, but whats the point if the battery doesn’t last long??

Posted by Izod on December 27, 2005 at 3:39 PM (CST)


It’s not the white nanos that has the problem it is the black ones.
And they arent’ noticible deep scratches either, they are hair line scratches. But on the black nano it’s very easy to see if you tilt it a little toward the light

Posted by Jonathan Keim on December 27, 2005 at 3:52 PM (CST)


i think it’s good that people sue apple. that way apple will do something in the future. the free case that comes with the new ipods is just one benefit of it.

personally, i fail to see why apple can’t use any different material - or include a silicone case, which should only cost them a few bucks extra…

Posted by paul on December 27, 2005 at 4:07 PM (CST)


I fail to see what’s wrong with these people filing these lawsuits.

My iPod got scratched badly through use. I bought a case for it. Now it scratches no more.

My brother has a nano. We bought a case so it wouldn’t get scratched.

Posted by Steve on December 27, 2005 at 4:49 PM (CST)


Well I’ve had a nano for 2 months and used it normally and it is perfect; no scratches at all. Of course I use common sense and don’t throw it in my pocket with change and keys… I also have a 60 gb iPod and I love it !

For all of you whiners out there just get another player if you don’t like it !

Posted by Dzign on December 27, 2005 at 4:50 PM (CST)


These types of complaints are EXACTLY why you you’ve spent so much time alone your whole sorry lives.  Did you get your ipod/nano so you can listen to music or to display it in a museum?  And it still plays music right?  So shut yer pie-holes, get your usual single corner seat at Starbucks and read your romance novel.
  If you’re lucky, the caramel-light-mocha-skim-frappichino-twist-thingy might be just as hot as you ordered it and you can sue Starbucks too!  Oh, wait, that doesn’t work.  Then you would have nowhere to go on Saturday night. Oh well.

Posted by sick-of-whiners on December 27, 2005 at 6:22 PM (CST)


I’ve put my nano in my pocket with my keys and some change for a whole day, I got a few deep scratches on it. Luckily only near the click wheel. Anyway I deserved that. Got scratches on it when I dropped it and it slid a few feet across the floor. I deserve that too. Why? because I should have gotten a case. Things scratch. If you don’t want things to scratch protect it. People are just greedy. We have the RIAA and now these idiots. They both just ruin it for everyone.

Posted by Glorrybox3737 on December 27, 2005 at 6:46 PM (CST)


I saw this in the paper this morning and wanted to throw up…it makes me embarrassed to live in Baton Rouge.

I guess it’s just the trade off for having more people buying iPods: there are a lot of stupid people out there, and eventually they’re going to get their hands on an iPod and then complain because they don’t have any common sense. I’m pretty sure that the plastic is the same as on all the other iPods…if you throw in your purse or pocket with your keys, it’s gonna get scratched up. Everyone who owned iPods before the nano came out knew this and took the appropriate measures to prevent it, i don’t see what’s any different for these new owners.

Posted by Andrew on December 27, 2005 at 6:59 PM (CST)


i own a black nano and i have to say that im taking very precious care of all my belongings. my relatives/friends would trust me with their most valuable electronics/posessions because they know i take very good care of them. i had several mp3 devices and mobile phones so far and i really have to say that it is IMPOSSIBLE to keep a black nano factory pristine. yes i have a case for it, no i dont try to put bullets through it.

its totaly legit to say “hey, it still plays music doesnt it?” yes it does. but i didnt buy an ipod, the ICON of the digital music revolution to see it scratch because of normal use. if you buy the top of the line car, lets say a lamborghini (to each their own) you expect it to withstand some dust and sand. why? because you know that IT IS possible to treat it with a finish that prevents scratching, because you know that there are materials which dont scratch as easily as others do. aesthetics is as important as usability and features, and if the nano starts to look like it has been through the dishwasher because you used it for a few months then i really have to say that apple deserves that lawsuit. they have been proud of their designs (macs and ipods likewise) and its also a part of the selling point of macs.

as for me i will keep using my nano and i will treat it as best as i can. the scratches are a bit disappointing but that wont stop me from listening to my music.

Posted by v1q on December 27, 2005 at 7:02 PM (CST)


My car has scratches on it.  Maybe I should sue somebody.

Posted by The Raven on December 27, 2005 at 7:09 PM (CST)


Get a case and common sense. It is acrylic and chrome. It scratches. Does it affect the performance? No. The Mini was great for a reason.

Posted by rebel_519 on December 27, 2005 at 8:51 PM (CST)


Well well. I guess this is why all of you are sheep.

Do you bring home milk and open it and find out it’s sour but STILL keep it? No. Because it has to last until at least its due date.

Same goes for ANY product. This is why companies have divisions called QUALITY ASSURANCE. They check to see if the product is of a certain standard of quality.

iPods. We pay an outrageous amount for them and this is proven through the cost Apple pays for components. SO we want a great music player AND we get one. It costs us a bit of money but it’s NEW technology and ADVANCED this and that.

Unfortunately, some say well umm I spent 300 on a player and it plays. Of course it does silly sheep. BUT the last laugh is Apple’s.

1. They KNOW what they paid for the material and pass quite knowingly these “savings”(i.e low quality plastics) on to you. Walk it to a store and scratch that Creative or that new Sony mp3 player….little hard to do isn’t it after 10 minutes of in and out of a pocket EVEN WITH coins.

2. Ahh ease of use. Of course it’s easier than a Sony or a Creative this is a no brainer. Ever wonder WHY Apple won’t release it’s Fairplay (what they use to protect their music files) technology out? Yeah, because without locking you into this “ease of use” of music files offered, there would be no more iPod to make cheaply and sell to everyone at high amounts. People would be choosing other players as these music files would work anywhere on ANY portable music player. YEP…companies would even create iTunes knockoff programs…like say Napster, offering you .mp3,.m4a and so on…it would be YOUR choice.

Let’s face it, the iPod is just a name. Without the lock of the iTunes Music Store there would be people having a CHOICE of some quality players out there and the music would work.

So before you go and by a cheaply made product such as the iPod with all it’s smoke and mirrors shazam…would you REALLY buy it if it didn’t say “iPod”?

Chances are you wouldn’t.

It is the difference between 2 fruit of the loom t-shirts but one has a Nike logo on it. Sheep choose the Nike logo, because it is all they know…smart people people save themselves the ink and 30 dollars.

Now, which one are you?

Posted by Jobs on December 27, 2005 at 9:57 PM (CST)


Jobs is just pissed off because he didn’t get an ipod for Christmas! :)

Posted by PabloR on December 27, 2005 at 11:03 PM (CST)


Earth to Jobs
Earth to Jobs

“We pay an outrageous amount for them”...“which one are you?”

Apparently we’re both sheep.


Posted by Blackie on December 28, 2005 at 12:01 AM (CST)


blah blah blah blah blah.

i need some money to pay for my student loans, i think i’m going to go ahead and sue.

Posted by dustin on December 28, 2005 at 1:27 AM (CST)


“the raven” pls go fuck yourself. does an ipod travel above 60kmh? does it accelerate like a car? do you drive it through dust and sand?
i dont do any of the above to my ipod. you compare something two totaly different things with each other. posts like that of yours should be deleted by a mod without hesitation.

Posted by v1q on December 28, 2005 at 6:34 AM (CST)


I love this topic because nobody wants to be objective: This isn’t a question about whether it’s “common sense” to get a case to prevent long term degradation from use because of course it is. This isn’t a question about whether scratches will occur during normal use of any plastic/acrylic product, because of course they will. It is only a question of if the nano/5G design scratches more easily than a customer has a reasonable expectation of it doing so to the point that basic use of the product requires protection to keep it in a usable state for viewing photos and (for the 5G which will soon be joining the ranks of the lawsuits) videos.

That’s it. Common sense has nothing to with whether or not Apple made these on the cheap to the point that they don’t meet reasonable expectations for industry standards of durability, and my personal experience with the surface material of my 5G says that Apple absolutely screwed the pooch on this matter. All one has to do is compare how the “hard” surface of their iPod measures up against even a cheap PDA vinyl protector, or the new evo3 VISOR, or any number of plastic devices when it comes to scratching, and when you do that you realise that Apple did sell us all lemons compared to what we should have expected for the cost.

Now the question is what will a judge and jury decide, because that’s all that matters in this case, not what a bunch of fanboys who would excuse Apple for making an exploding iPod complete with anthrax think.

Posted by Code Monkey on December 28, 2005 at 9:37 AM (CST)


Hooray objective thinking!!!!

Posted by Scream on December 28, 2005 at 9:49 AM (CST)

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