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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Ipod Cases have been part of the equation since before the 3g.  An ipod becomes unsightly in ten minutes from just finger prints, much less scratches.  If you spend the 200-400 on the player, then a $20 case isn’t out of your price range.  But yes a case (and screen protector) is required if you don’t want your ipod scratched.
It is funny that things have gotten worse, not better as the new generations pass.  It’s much easier to scratch a nano than the 3g ipod.  Why would apple design newer generations to show scratches better?

Posted by __redruM in Gaithersburg, MD on December 28, 2005 at 12:06 PM (CST)


INVISABLE SHIELD PEOPLE!!! I put one on my nano and now totaly free of scratches and no more using a darn bulky case!!! Order it and slap it on!

Posted by CH on December 28, 2005 at 1:30 PM (CST)


Hey Mr. Objective Thinking, all this stuff about it scratching didn’t stop you from buying one. The paint on my house has a scratch and now I can’t live in it. Sure there is better stuff out there to make these things out of. You mean to tell me that a company is trying to maximize their profit. No frekin’ way?! At least they don’t crash like the new Xbox. For the record my 4g 20 color is scratched to hell, but it still works. I guess I am a sheep then because at the time I got the most memory for my money, which was my real concern. Plus an extra 10% off ecause I am a student. All these people complaining are going to be in for a real shock when they get older, I should have been a plastic surgeon. Nothing last anymore, thats the world we live in.

Posted by rebel_519 on December 28, 2005 at 5:43 PM (CST)


Instead of bending over and taking in the rear, which is *exactly* what you suggest the rest of the world should do since, you know, that’s just the way it is, people are, instead using the tools put in place by society to allow the little guy to bring grievances against corporations when they go too far. Whether Apple did or not is NOT for people like you to decide, but the courts, and that’s exactly what’s going to happen.

It’s so wonderful that we live in a country where corporations are excused from quite literally anything and anyone who thinks that maybe, just maybe, they shouldn’t be able to do anything they want is ridiculed by, yes, sheep.

Posted by CodeMonkey on December 28, 2005 at 6:51 PM (CST)


Wheather they scratch or not, Apple is still smiling all the way to the bank….

Lawsuits are not going to hurt Apple. Declining sales will.

Posted by iSlunk on December 28, 2005 at 8:20 PM (CST)


I have a 3G.  Stopped caring about scratches, and it is still in great condition.  I say, slap a screen protector/invisble shield or whatever on it and call it good.  Or be very cheap (like me) and use a microfiber cloth bag as a case.  Yep.  Innovation.  This whole sheep thing, using resources available to use…yadda blah stuff is stupid.  These lawsuits are almost…...ALMOST as stupid as the “coffee too hot, sue for not saying (caution: hot)” or “McDonalds made me fat, why didn’t they tell me this?”.  The thing that doesn’t make it as stupid is it is NOT common sense that a $250 object will scratch more easily than its predecessors.  I’m guessing that is their only argument.  Okay DONE. 



















Okay maybe not.  Solve the problem WITH A STICKER OR A CASE!

Posted by Jegero on December 28, 2005 at 9:31 PM (CST)


“”........posts like that of yours should be deleted by a mod without hesitation.
By v1q…..”“

Actually I thought it was trolls like you who tell folks to #### themselves who wind up in the recycle bin.

Posted by Hej on December 29, 2005 at 2:03 AM (CST)


And lests have the little guy pay the court fees, which is what will happen. This is going to cost the little guymre in the long run. Should better materials be used. Yes. Will that happen though the courts. Your dreaming. It start with the idiots back in 2000 and is now in place for a long time. The little guy is toast. I guess we will have to keep this up on sites like these. So put down whatever plant that you have and come back to the real word.

Posted by rebel_519 on December 29, 2005 at 6:43 AM (CST)


hey’s this simple,

if you don’t like it, DONT BUY IT!

I hav a g5, and b/c of the high price i wasnt really expecting to throw it down or attack, blow up, cut in half, shoot, launch, bake, run over, step on, incinerate, or use as a weapon against the black knight.

with ne electronics these days you never buy in haste, you wait and hear about the flaws.

it has great features and a very nice display, yes it will scratch easily along with cars, guitars, CD’s, movies, jewelry, cell phones, lenses, cameras, mags, and nething else new and shiny.

i wonder if these people are greedy, too tight for a 20$ case, or just want publicity.

Posted by wake up on December 29, 2005 at 11:00 AM (CST)


All these frivolous lawsuits could have been avoided with a simple common sense—-by getting a case.

My 3G; Mini & iPod Video all have cases (the older 2 still look pristine when taken out of their cases, as will the iPod Video later on).

Posted by lateapexer on December 29, 2005 at 12:25 PM (CST)


Man! Apple is alsome! cant people just buy a case and enjoy the desine if somthing so great?

Posted by LawnBoy on December 29, 2005 at 4:59 PM (CST)


i have to say that ive had the bleck 2gig ipod nano for about a month now. And the first day i owned it it got scratched just from putting it in my pocket (no there was nothing else in my pocket) but honestly i could care less. as cool as the nano looks, i bought it for the size and functionality not because i wanted a hardcore mp3 player that could withstand WW3 without getting banged up. The fact of the matter is that no matter how many scratches your nano has…. it still plays the music you want.

Posted by jake on December 29, 2005 at 5:28 PM (CST)


I think all this mess just proves that apple made a great player. Out of all the things in the world to complain about people have been in an uproar about something as petty as scratches on a portable device. People just need something to complain about. I just find it funny how people take a stand against something like a cosmetic flaw and yet and still don’t stand up for bigger issues. It’s all about greed. Nothing more than that petty greed. I’m not some sheep I just think there are better ways and better reasons to take a stand.

Posted by Glorrybox3737 on December 30, 2005 at 12:13 AM (CST)


The case that comes with the ipod is the one that scratches it, but at least it’s better than not having any at all…

Posted by hoho on December 30, 2005 at 10:17 AM (CST)


I have the white ipod Nano.  I didnt know it scratched so easily and now I can bearly see through my window. I’m glad they are being sued.  To spend 300.00 on anything, the company should at least put a durable plastic over the viewing window.  Tsk Tsk

Posted by Elke on December 30, 2005 at 1:06 PM (CST)


I just got an iPod video for my christmas and i have taken a lot of care of it (keping it in a seperate pocket from my other shrapnel, keeping it in the case that came with it) i have not droped it . i have still got a few scratches near the click wheel because of bit os dust. the video is made of the same stuff as the nano. I dont ming the scatches as long as they r not on the screen. It still plays music aand videos great!!!
ps. sorry about the long post

Posted by rocksinger on January 1, 2006 at 5:17 PM (CST)


The ipod is durable, but it does scratch ridiculously easy.  Nobody is saying Apple should stop selling ipods, stop making them durable or stop selling cases for them.  They are saying put a coating on it that isn’t easily scratchable.  You can’t name another modern small portable $xxx electronics device that scatches as easily.

Trust me, if your car scratched as easily as a Nano, you’d be onboard with a lawsuit and you’d be seeing a recall.  Of course, you’d also see the hardcore “apple can do no wrong” people on that board posting that you shouldve bought a massive plastic ‘sleeve’ for it…. or recommend that you leave it in a garage or museum.

Posted by MarvinK on January 2, 2006 at 12:13 PM (CST)


I think that all the people complaining about scratchs should wrap their ipod in duct tape or something because i’ve never heard of people bitching about tape being scratched

Posted by mediocregoodguy on January 2, 2006 at 10:57 PM (CST)


I bought a case with screen protection and removed the protective plastic and my nano already has small scratches, even though it’s always inside the case.
The scratching problem gets worse with the color iPods, as scratches distort the picture; they also make the iPod look ugly, and just make you feel frustrated

I think it just isn’t worth the effort! It feels sh., never being able touch it or wipe it with a normal cloth, or put it in my pocket without protection, when I just want to pick it up, feel it and admire it! Isn’t this the main reason of Apple’s sucess, the *design*?
Cause I can just buy a Zen, or a Walkman; They look worse than an iPod, but at least you don’t have to treat them like an egg or a DVD! And the covers make the nano bulky and ugly, and some scratch as easily as the iPod, or worst, scratch *it*.

I think it’s stupid to “sue the bastards” - the american way of solving problems - but something should be done, even if it just involves getting Apple to make a new nano with another material, or giving up the “shiny look”. They’re so good, I bet they’d come up with something great.

I just wish they had stuck with the beautiful anodized metal of the mini, it was almost invulnerable.

Posted by belard on January 3, 2006 at 1:42 PM (CST)


Just one thing to say to everyone, yes the NANO is a great product, but the NANO scratches far too easily, I wonder if APPLE offered a full refund for any unhappy customers with scratches how many people will take theirs back, I would because it is a defective product, and I would wait for a NANO that does not scratch,


Posted by Z on January 3, 2006 at 7:10 PM (CST)

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