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Does it call for a lawsuit, or just an exchange at the local Best Buy?

It's probably a first-gen iPod and she has cycled through the battery over 400 times.

Maybe it is operator error, eh?

Hmm, maybe I should sue Nokia because my cell phone battery is doing the same thing. Granted, it's two years old and it would only cost $69 to replace the battery, but it's easier to just sue them right? Geez, what a waste of the court system...

Don't us for being Canadian, just hate Céline Dion and this Waco

Doesn't the iPod battery replacement program fix this? Granted it's pretty hard to find a sales receipt from 2-3 years ago but still a law suite? The reason to sue in her position is if she went to the apple store multiple times and they laughed at her face and told her tuff luck.

This crap is amazing. I can't even see where the trouble of the law suit is more attractive than just getting a new friggin battery. Freaks.

I wonder how much her lawyer's fees and filing fees are costing her. $70canadian to replace an iPod battery would just seem cheap by comparison, wouldn't it?

There are a lot of details missing in this article, so we'll have to see how this pans out.

and maybe we should all sue our corresponding car manufacturers for not getting the mileage in the big numbers on the sticker (forget that there is a disclaimer). can't dig this too much without knowing the details of the complaint, but i'd be careful in case this lady has a bunch of digits in her freezer (aka chili toppings).

One of my co-workers bought a 3rd generation iPod and did not run an updater designed to fix a known charging problem. He'd slam the thing around (several times) on a desk, cursing, "f'n p.o.s!" Nice way to treat a piece of computer hardware! After the techs at an Apple Store looked it over, ran the update, then repeated got run times of over 8 hours, the owner continued to slap the iPod around and make a scene for the rest of us. I guarantee he'd be first in line for any class action suits.


MW: "issue" as in people with anthropomorphic issues should not be allowed to use machines.

Of interest, perhaps ... I can report that iPods are a real rarity here in Montreal. You can spend all day on the busy subway and only see a very few white earbuds. Furthermore, Macs themselves are equally scarce here. I'm not suprised at the lawsuit. From here, Apple just looks like a big bucks nobody to most computer users. Don't believe me? Try to purchase a Mac here. It's very difficult to even find a distributor, let alone a distributor who has any significant amount of Apple merchandise in stock.

That said, Apple would do well to seriously attempt to make some headroads into this particular geographic region.

I had a battery problem with my 1G, six months into it. And I had taken good care of it. But if you didn't ask for a replacement within the first year, that's your problem. I have friends who do a charge cycle after a one-hour use. That's the worst thing you can do. Ultimately, some of blame lies on the people selling anything with a Lithium battery, for not forewarning. Almost every non-tech-savvy person I know using lithium batteries thinks they'll run forever. Nuh-uh.

I think she's a little late for this. Apple already settled this type of case for all iPods.

Let's weigh the following options, hmmm attorney/court fees ($$$$$) or $99 cdn to get Apple to replace a battery.

Better yet, it's probably a 1st gen., why not buy a brand shiny new iPod Photo instead of the cost of an attorney?!

GWM in Montreal, are you on crack? Walk through the mcgill ghetto during peak pedestrian traffic hours. All you see are white earbuds. get a clue.

I wonder if she will sue if her husband doesn't last long enough.

Hiya Louis.

The iPod users must all be on campus, then. That's significant, but hardly the major demographic in this city. I regularly ride the Metro from Langelier to Angrignon and from Henri Bourassa to Vendome. There's lots of students getting on and off at McGill, many of them touting earphones, but they aren't iPods.

Re: My difficulty in purchasing assertions? Where's can you buy a Mac in Montreal if you aren't a student? And then ... do they have inventory? B-Mac folded long ago, eh?

Alterior motives ..publicity, like she's looking for a 5th husband (sued the first 4).

Dumb. I'm A Canadian and I am sad. This is not how we act up here. If she had just read the instructions, she would have taken better care of the battery and it would still work. I have a 3rd gen 15 gig. Still works perfectly. Dumb.

Get a life, hoser.

^^
Not directed at any of the posters here, just the woman behind the lawsuit.

Damn Canadians.

All in favor of putting Canada on the Axis of Evil, raise your hands.

We will get those evil-doers.

In Montreal; where to purchase Mac products... I can make a small list off the top of my head:

Evolution Concept on Ste-Cath
McGill Bookstore
UQAM Bookstore
Inso / Microboutique on Parc Avenue
Microserv in Dorval ( a bit far, but still)
Compusmart (around the city)
Camelot in PVM and others
Apple.ca (duh!)

As for their not being a lot of white ear buds around Montreal, a lot of people are switching to their own style of buds due to all the publicity about advertising you have an iPod with the white buds. I never fail to see at least one iPod in every single metro car that I ride in.

Just take the time to look for Apple resellers, and you'll find them/ B.Mac wasn't alone here in Mtl....

As for this lawsuit, it is her right to go ahead with it. The batteries did suck in the iPod initially, but I sent in my iPod 3G to get it fixed 11 months and 20 days into the one year warranty. Works fine now...

R.

This is in the full article:

"Lenzi is arguing that over time, the rechargeable batteries in her iPod fail to live up to Apple’s promise of eight hours of play."

Yeah Einstein, that's the nature of rechargeable batteries. I hear next she's going to sue God because over time she's gotten older.

Prediction: Expect to see similar types of lawsuits in every country / region where first and second generation iPods were sold. Next will be the EU.

Peace.

Thanks Rick. Point taken.

I guess I was just trying to say that 'San Francisco, it isn't' here in Montreal. I've been to that city recently too, btw. iPods galore, for sure. You feel it's iPods galore in here Montreal too? ok.

We disagree, however.

I guess people forget that batteries die. Jobs' RDF cannot change the laws of physics. I know we all think our iPods are perfect and will last forever, but get real folks, everyone's iPod battery will die. If you would like, I can send everyone one of my electrical engineering books that goes over batteries in great detail. Maybe that'll shed some light on how different types of batteries work (and are designed).

Stupid litigious society.

Hey gwm.. we shall agree to disagree.. there could be a lot more iPod in the city of Montreal if there were MORE apple resellers and a nice Apple store corner Ste-Catherine and let say Mc Gill College (just picked any street here)

R.

@ Rick

We agree. I'm just selfish. I want to see Macs for sale in EVERY electronics outlet in this city. I mean .. these retailers are squirrley up here, Rick. There are stores in Saint Leonard with a big 'Apple' up on the signage on the store front .. but the clerks laugh when you go in to try to buy a Mac. 'Cause they don't actually carry any Apple products .. and they never have.

(Can you tell I'm not a native, perchance? If that doesn't get some Apple people finally looking around up here ... I guess they just don't read MDN).

You can buy a battery and kit with even longer life than the originals for $39. I can't believe the court costs just to file the suit would be less. Let alone hire a freakin lawyer and have to go through all that B.S. Must be one of those I want to get rich quick people again. I wonder if she has a spare finger in the wings if the battery thing doesn't work.

There is a good possibility that she left her iPod on the dashboard or in the glove box of her car on a sunny day. Interior temperatures can soar above 150 degrees F in short order. High temperatures will kill lithium ion batteries.

PEBIAC = Problem Exists Between iPod and Chair

Rick and gwm just get a room already you two!

Leave it to the Canadians to disagree without being disagreeable ...

/is Canadian
//there are plenty of iPods in Toronto, so add that to the list of why it is a better city than Montreal
///supports adding Canada to the axis of evil if only to keep the Americans out
////ducks

Screw Quebec. Go back to France.

Toronto for Life!

"supports adding Canada to the axis of evil if only to keep the Americans out"

You may say that now, but you seem to forget that Apple is in California, so that would mean no iPods or Macs for us! As a fellow Canadian, I say we had better show a little appreciation for the USA every once in a while ok?

Have there been publicized class action suits against every other electronics manufacturer that uses rechargeable batteries? Looks like the lawyers have a cash cow on their hands. Leeches. Apple certainly didn't make the batteries. They should go after the battery manufacturer to recoup some of the costs of fighting these parasites.

MW: price, as in "The price all of us have to pay to appease the greedy few..."

I thought the real problem with Canadians was "Terrance and Phillips"!

Canadians are so funny, eh?

I'm from Ohio and just in the last week received mail about joining a class-action lawsuit against Apple for battery problems associated with the 3G iPod that I bought the day after its introduction in May, 2003. My daughter now uses that 30GB iPod (without problems) after I upgraded to a 60GB iPod photo -- I'm sure the battery doesn't hold a charge compared to its original performance, but it's still well within acceptable limits. I promptly threw the notice into the trash!

Class-action lawsuit?? -- GIVE ME A BREAK!!!! Another example of the greedy few (the plaintiff attorneys and their clients) trying to make an easy buck!!

Boy, Apple has sure got you guys brainwashed pretty bad. I have a 3 Gen Ipod and it will not hold a charge for more that 1 hr and a half and it has been that way since day one. I do NOT abuse the thing in any way. I only charge it when it actually dies and I only use it three times a week. It is a known fact that these batteries are faulty and since Apple sells the damn thing then they are responsible for it. Even though they claim that it should last 8 hrs (which is bullshit false advertising by the way but everyone does it so i did not expect it when I bought it) but 1 hr and a half????? I actually praise these people for standing up to Apple. Think about it, if no one cared to raise a stink to Apple, then all of the rest of the generation ipods would still have the same lousy battery.

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