On Friday, November 04, consumers from the United Kingdom and Mexico filed a class-action lawsuit against Apple Computer, Inc. in the United States District Court for the Northern District of California, claiming the new iPod Nano is defectively designed allowing the screen to quickly become scratched with normal use.
According to the complaint the world’s largest manufacturer of portable music players knew of the iPod Nano’s design flaw but chose to ignore them in an effort to speed the product to market.
According to the suit, the defect is a result of a much thinner layer of resin used in designing the Nano that does not provide adequate protection from scratching.
This suit follows a similar class-action case filed on October 19, 2005 against Apple Computers on behalf of iPod Nano users in the United States.
Steve Berman, lead attorney on both cases, attributes the second suit to the large number of international requests to be included in the class-action. “Apple’s iPod Nano has sold in record numbers around the world, just as it did in the US,” said Berman in a press release, “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.”
MacDailyNews Note: See related article regarding Steve Berman: Pro-Microsoft attorney involved in anti-Apple iPod nano lawsuit – October 25, 2005
Named plaintiff, Ben Jennings of the United Kingdom, purchased a Nano in September and was extremely cautious with the screen. Despite his efforts to protect the Nano, within a week the screen was so marred with scratches it became hard to read. “If I had known the truth about the problem, I never would have purchased a Nano,” said Jennings in a press release.
According to Berman, residents outside the US are able to ask the court for help since Apple is headquartered in the United States
The suit seeks to represent and recover money lost for all those who live outside of the United States who purchased an iPod Nano.
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What’s the difference between a lawyer and a bucket of shit? The bucket. (Yes, it’s an old one, but its age doesn’t make it untrue.)
“Lawyers should not marry other lawyers. This is called inbreeding, from which comes idiot children and other lawyers.” – David Wayne in the film “Adam’s Rib,” 1949, Ruth Gordon and Garson Kanin writers.
Related articles:
iPod nano ‘scratches’ lawsuit really only benefits attorneys – October 27, 2005
Pro-Microsoft attorney involved in anti-Apple iPod nano lawsuit – October 25, 2005
Report: Apple relaxes 5G iPod return policy; to include protective cases with future iPod nano units – October 26, 2005
Class-action lawsuit filed against Apple over iPod nano scratches – October 21, 2005
PC Mag’s Ulanoff on iPod nano scratches: ‘I could see a jealous competitor planting the story’ – October 06, 2005
Mossberg: Apple iPod nano scratches easily, get a case to protect it – October 06, 2005
Apple iPods have always been far too scratchable, protective cases required to keep iPods pristine – September 30, 2005
invisibleSHIELD offers rugged, clear protection for Apple iPod nano and other iPod models – September 30, 2005
Got some nano scratches? Restore your iPod nano to new condition with a $4 can of Brasso – September 29, 2005
The Motley Fool: Apple did the right thing in quickly addressing cracked iPod nano screens – September 28, 2005
iPod nano ‘screen issues’ really just FUD? – September 26, 2005
Apple responds to iPod nano screen issues – September 27, 2005
I’m suing BMW for all the damm servicing on my car. I thought BMW was better.
My Nano had scratches when I took it out of my pocket at the keynote.
Its all an elusion, the nano only looks scratched compared to other portable devices because its shinyyyy, and other devices are matt in finish.
BTW, don’t get me started on windows and its flaws that really show be re embursed.
I give mine a gentle polish from time to time, and that keeps it sparkling.
Sad thing is that legal time could be better spent on more or less anything else — how about a bit common charity work? Too much to ask, I guess.
I thought foreigners weren’t as litigous as Americans, or so I’ve been told. I guess the stereotyping was wrong.
They are just as idiotic as we are.
Personally I blame Tony Bliar. The man should hurry up and resign.
Our world, in a feeble attempt to raise “perfect people”, is rapidly teaching their children to be lazy whiners; to have absolutely no responsibility for their own actions. It all started when someone slipped on a wet floor in a store during a snow storm even though it was clearly posted “Wet Floor”, sued the struggling store owners… and WON!!! …putting the owners out of business and into the unemployment line.
Yea, Apple has some money in the bank, but it is the outcome of the law suit that will either breed further idiotic law suits or tell the irresponsible ones to shut the fsck up and go back into their hole from whence they came!
Q:. What’s the difference between a good editorial comment and trashy hectoring?
A:. MDN, that’s what.
It’s a pity that MDN whips up it’s readers. Wouldn’t it be better if they left it up to their readers to make a comment. Isn’t that what the comment section is for.
Bikersrule
I enjoy MDN’s comments most of the time, and I hope I am not gullible enough to be “whipped up” by them.
John
Im thinking of starting class action suit against the car companies. They color cars with a material that easily scratches. Maybe they should use something other than paint?!?!?!
It’s not just the Nanos that scratch easily. I just got a new Nokia 6682 and within two hours it had two annoying scratches on the screen. I’ve had my Nokia 3650 for two years and beat it to hell with no scratches. Must be something in the new plastic faces the companies are using. Highly annoying.
Sadam Hussein needs some new lawyers. He’s got lots of cash guys.
I’m looking to file a lawsuit against Bisa. I was insulted and emotionally damaged by “their” statement “You Macdailynews readers are a bunch of whiners.” As a result my job performance has been compromised and I feel I have been emotionally damaged.
Anyone know a good bucket of shit?
It’s the new “American Dream”: sue someone who has worked hard to earn their money and get rich quick.
What do you call seven hundred lawyers at the bottom of the ocean?
– A good start!
{Yea, I know it’s old but still makes me chuckle}
MDN Magic Word: “society” as in what’s wrong with American society?
LOL
I am not a whiner said “I’m looking to file a lawsuit against Bisa…”
Sweet! Makes me want to go troll some peecee boards and hand it them.
Slightly off topic: ‘Sputnick’ now ‘PC Apologist’?
This whole thing could be settled if people were allowed to see the kind of scratching that renders the iPod useless (SOMEBODY POST SOME PHOTOS). Everyone can tell the difference between natural scratches and deliberate ones, as well as the claim as to whether the nanos are still usable.
Something is fishy about this. Follow the money (beyond the lawyers) and see who is really behind this.
Suit filed on Nov, 4th, sounds like someone is “jumpin’ on the old bandwagon” We’ve had a nano on display that every customer touches since the day we received our first shipment and it is scratch free! The problems occur when you put the nano in a pocket of your jeans and then smash it against things unknowingly, denim plus pocket grit is a deadly combination, even the grit on your fingers can cause scratches. People, its a gritty world we live in, protect your nano! Hell, even a bit of cellophane wrap is better than nothing.
Vinita Boy –
First off, this thread is about the nano, not Windows. That’s gonna be the biggest reason my comments were about the nano, and not Windows. Seemed like the right thing to do, given the circumstances.
Second, I’m surprised there haven’t been more suits against MS. Their products have rarely worked as well as advertised. But that’s got absolutely nothing to do with Apple and the nano.
Third, I don’t work for Microsoft. Not sure why you think I do.
There’s a real tendency around here to point at someone else and say “that’s worse.” You might feel better, but it doesn’t make Apple’s fault any less.
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