Apple sued over nano scratches

Given the aggressive way Apple pursues its legal agenda, it should come as no surprise to the company that some customers play the game the same way. And that's what some iPod nano owners have done, in a class-action suit filed in San Jose. The suit, brought over the easily bruised nano, seeks reimbursement for the cost of the iPod and legal fees, along with a share of "unlawful or illegal profits" made by Apple through nano sales. Just a garden-variety nuisance suit? Maybe. But now that even Walt Mossberg has come down hard on the nano for scratching so easily, it might be a good idea for Apple to find a way to make this go away, rather than having it hang over the company's head during the holiday selling season.

[Samuel Febres @ Dec 19th 2005 1:37AM]

Oh my word. People, protect your property. It's expensive enough to warrant a protective case AND small enough to warrant careful handling.

[JimTomas @ Dec 19th 2005 1:37AM]

How about the new ipod? Does anyone know if the new ipod suffers from this as well? I've not even considered buying one until this can be confirmed.

[Dan (thoughtfix) @ Dec 19th 2005 1:37AM]

My page that shows how scratched my nano was got over 30,000 hits after it got passed around. My poor server. I wanted to illustrate though -

Unless you have a direct, bright lightsource like the SUN or a CAMERA FLASH, the scratches aren't really all that bad. Granted I do get color ribbons through the display with even minor scratches.

Anyway - http://thoughtfix.com/nanoscratches/ if you missed it here, on Digg, etc. Hey Engadget - you're welcome to use those photos.

[Jeff DeMaagd @ Dec 19th 2005 1:37AM]

I'd like to see images of a nano screen in action that's unreadable because of the scratches, because I have not personally seen such a damaged nano, nor have I seen a picture of such a damaged nano.

[Anawrahta @ Dec 19th 2005 1:37AM]

What a bunch of whiny bitches....only in the USA could you sue for something to ridiculous.

[Kyran @ Dec 19th 2005 1:37AM]

Maybe they should start applying that TDK coating (for DVDs and Blu-Ray) on their iPods...

Seriously though, what's the point of splurging such a flashy, glossy looking device if you have to hide it in some ugly protective case at all times anyway?

[Hal B. Sure @ Dec 19th 2005 1:37AM]

If people would treat the Nano the same way they treat their glasses, this wouldn't be a problem. But then again, human stupidity has been the basis for many lawsuits.

[Luis @ Dec 19th 2005 1:37AM]

If anyone out there has purchased a 5th gen iPod in black, has it started acting the same way with scratches, or is it a better plastic? I want the 30 gb, but if it scratches as easily as my nano (I took it back, before there was any major problems with it) I will hold off. Thanks. Apple should definitely try to get this taken care of before novembers christmas rush hits, or they will have a lot of ipods sitting around. (who am I kidding, people are going to go crazy over these things, and buy them regardless) ^____^

[EastCoaster @ Dec 19th 2005 1:37AM]

Oh my poor iPod has got dust and dirt all over it. I am going to sue because Apple made my iPod such a dust and dirt magnet. Get real people. The Apple fanatics are just plain mad that the iPod might get some scratches and ruin it's "Think Different" look. I love my 4G iPod, scratches and all. I have no case for mine (freeball) and it scratches but that is the price I pay for not having it in a bulky case. NEWSFLASH - Any electronic device you buy with a high-quality finish will scratch. PSP, iPod, Dell Latitude, etc...

[cecil @ Dec 19th 2005 1:37AM]

You gotta do what you gotta do. Class Action got me a new phone free cause I bought the Moto v710. It showed companies that they couldn't screw you over bluetooth-wise without clearly marking in the package that they were crippling it.

[Chris @ Dec 19th 2005 1:37AM]

#5 - Amen.

I own the Nano since 2 days after Apple announced it. Yes, it has some scratches just like my old 20GB 3G iPod had scratches. I take care of though and I don't sit on it or throw it on the ground. I put it in my jeans pocket when I'm walking to work. Denim doesn't scratch it very bad and that's a rough material. People must be doing some weird stuff with their Nanos. Or I have the only Nano without the scratch problems.

[Sam @ Dec 19th 2005 1:37AM]

Apple has made their bed now they have to lie in it. These things are fashion accessories as much as they are mp3 players. So if they scratch it is a much bigger deal because that is part of their marketing. Typically I would think big deal, if they work, there isn't a problem, but how they look is part of the appeal. Now trying to get "unlawful or illegal" profits is just excessive.

[Bryant @ Dec 19th 2005 1:37AM]

#6,
I didn't completely agree with the v710 lawsuit, but I'll take my money.

The clear difference in this case is that I don't think Apple advertised the Nano as being unscratchable in any shape or form.

I doubt there is any evidence for this at all, but this lawsuit would seem to me to be only valid in a case like where Apple intentionally made the ipods scratch happy for the sole reason of selling more cases and more new ipods.

[Goobimama @ Dec 19th 2005 1:37AM]

If you don't take care of the thing, of course it will get damaged. My friend has his nano for a long time now (one of the first) and it still is in top shape. Sure there are fine scratches at the back, but they don't really affect it so much that these chooths have to go on filing law suits..

[Joseph @ Dec 19th 2005 1:37AM]

Its not apples fault that the nano scratches. You ppl need to take responsability for your problems and not sue them for it. You bought the product and probably knew they could scratch. idiots!!!

[Jeff @ Dec 19th 2005 1:37AM]

Hmmm, the Nano at my local best buy is bolted to the shelf, and has only had fingers on it. It is scratched to hell. Go by the Dell cart in the mall. I haven't seen noticeable scratches on any of their gear, even PDA screens that are intentionally rubbed with a stylus all day.

Many glasses get a hard coating. Heck, even the shiny black desk accessories I'm using to hold pens and paperclips are more scratch free than the Nano!

[Ambulance Chaser @ Dec 19th 2005 1:37AM]

My car is dirty and has scratches. I'm suing too!!!

[Mat @ Dec 19th 2005 1:37AM]

I have to admit it guys, I've had my nano 2 days and its already got quite a few scratches on it...it was in my coat pocket for about 10 minutes and boom scratched!!! I ordered a cover (which I wouldve bought anyway) and problem solved. However, I like Apple products, so I think I'll take it as far as a polite email telling them that the nano coating sucks ass, but suing!? Jees! Thats a bit over the top there guys! You might wanna try using a different shampoo...like one with a "no more tears" formula!!!

[consumer_q @ Dec 19th 2005 1:37AM]

Dear Sir or Madam,
My white t-shirt has a stain on it.
All I did was wear it, as one should be able to do, and it some how acquired a stain. No where on the packaging nor on the tag did it say that it was prone to staining. No where on the packaging nor on the tag did it say that stains would be permanent. This is an obvious design flaw.
To any persons who have easily stained t-shirts, please contact me and we will find a lawyer and sue us some fatcats.
I thank you for your time.

[CurtisTheGeek @ Dec 19th 2005 1:37AM]

Hey East Coaster
I have a Dell Lattitude, it's 2 years old and scratch free, the finish hasn't even worn on the edges. I have a panasonic cordless phone, no scratches, a Toshiba e755 and e800 Pocket PC - both several years old and pretty much scratch free, especially the finish. Why doesn't Apple just make the iPods with the same finish that other companies use?? Also, I have a Canon PowerShot S400 digital camera which only has one small scratch on it when it fell out of my pocket onto the asphalt while getting out of the car.

[Alex K. @ Dec 19th 2005 1:37AM]

http://www.theinvisibleshield.com/

problem solved.

[Melker63 @ Dec 19th 2005 1:37AM]

Nothing wrong with scratches as long as they are hairthin and evenly distributed. Some colour rubbed off near edges - even better. It gives the player a used patina.

[Bill @ Dec 19th 2005 1:37AM]

that is why.....

YOU BUY A WHITE iPOD.

[Lectoid @ Dec 19th 2005 1:37AM]

Luis, you asked if anyone had bought a 5G black iPod. Well I did. And then we had lunch together. As soon as I got back to my pad, I cleared the table and got to work.

After owning a 20GB 4G ipod, I learned a few things.

I first applied a huge vynal sticker of a skull I found in Maxim this month to the back of my iPod. I wrapped it around the side and traced a knife along where the metal and plastic meet. Perfect. The top and bottom I just cut to leave the plug/headphone/hold swith exposed.

As far as the front, I cut the extra tab off and left the factory piece of plasic on there. A few times of putting it into it's case peeled that right off. So for now I have placed clear packing tape on the front. It does the job. I plan on buying a better protector for the front, but the sticker on the back rocks. My wife thought it came like that and asked what other options they had.

[Mike Hunt @ Dec 19th 2005 1:37AM]

#4 - something to ridiculous

Only in America is your unintelligible rambling considered english.

[sunz @ Dec 19th 2005 1:37AM]

You guys are being too harsh on "sSTUPID AMERICANS" (of which I am one). There is a such thing as reasonable expectation. Tell me if you pay 60k USD for a mercedes benz, do you not think that you should be able to expect that a small bit of dirt flying up from the road should not leave a long thick scratch along the side? or perhaps a huge dent in the fender. They build them to resist such things. If you buy a 'shirt' is it not reasonable to expect that brushing up against a wall will not tear out a thread? I don't know how fragile these nanos are because i do not own one. However, i think it is quite incredulous for you all to sit there and say that these thousands of people obviously are at fault and treating their 'fashion' accessories improperly.

[Jeff @ Dec 19th 2005 1:37AM]

I am as big an iPod booster as anyone around here, but I would probably side with those initiating the lawsuit on this one. Steve freakin' Jobs himself intro'd the Nano by pulling one out of his pocket unprotected - that's how you're *supposed* to use it. (That being directed at the guy who called these customers "stupid" for not treating the Nano like a pair of eyeglasses.)

The interesting thing about this lawsuit is that it's talking about "expressed and implied" warranties. I am not a lawyer, and I don't know the law in the state where this is being initiated, but it seems to me that Jobs' introduction would constitute part of that implied warranty, i.e. the stupid thing should be able to stand up to being carried around in a pocket.

I'm also entertained by the fact that the plaintiffs are seeking "damages in the amount of monies paid for Nanos", which is not a phrase you hear every day.

[Fiftyseven @ Dec 19th 2005 1:37AM]

I have a white 4GB nano, ordered from the apple.com website.

I take care of my tech stuff as if they were my babies. I've made a case (that's right, sewing comes in handy) for my nano before it arrived, then when it arrived, that's where it stayed. The cloth material is microfyber, and I noticed millions of little tiny scratches when light is reflected upon it. If the nano is THIS sensitive...Apple probably did it on purpose.

However, a lawsuit is kind of ridiculous...but I won't complain for a new, harder to scratch, nano

=)

57

[Nathan @ Dec 19th 2005 1:37AM]

The thing sells because of its looks.

Its looks are ruined within two days.

End of.

[hussein rawat @ Dec 19th 2005 1:37AM]

Apple deserve this. The way that I look at it is... people work hard so that they can buy an iPod. (Well i know that i do anyway) and some people realise that the �180 that they are spending is a lot of money. And the way that Apple go about selling their wares , you would think that nothing would go wrong. And then the product starts to scratch up. Now if apple had given a case with the item then it would not be aproblem. But appe then make you go and spend some more money. Me personally, i am very glad that someone is taking a stand against the likes of apple. Sooner or later the tide will turn and Apple will realise that they cant go around treating their customers this way. Things like this should never occur in the first place.

[Wellard @ Dec 19th 2005 1:37AM]

I've recently got myself the iPod nano. I've only had it for a week and am already abusing it. Currently, there is only ONE minor scratch and that was to my own falt, I put in my pocket with my keys. Apart from that, no problems at all.

But seriously folks, suing Apple? You guys have to get out more!

[Rob @ Dec 19th 2005 1:37AM]

What a bunch of cry-babies! The only problem is that you can SEE the scratches on the BLACK nano. This is tatamount to the people that sue McDonald's because their kid is fat. Give me a friggin break people!

I'm sure the actual plastic that nanos are made of is the same as on the 3g and 4g iPods, and thus, susceptible to the same amount of scratching, like I said before, the only difference is that the iPods are black, and the scratches are more apparent.

If you don't like scratches, don't buy glossy, black things made of plastic. Simple.

[jmg_bt21 @ Dec 19th 2005 1:37AM]

C'mon, if people TREAT their nano LIKE THEY TREAT the cellphones?
(which can be horrendous)... then no wonder...

Only here in America... well, so far... =/

[Me @ Dec 19th 2005 1:37AM]

I have a white one, put it in my pocket the first day I used it. The whole screen has scratches all over it - it looks horrible. I did nothing but walk around for 2 hours with it in my pocket.

I hadn't even heard of the problem then, and the first thing I thought was "Wow, what a poor product design - this thing shouldn't scratch that easily." Then I went online and found 30,000 other complaints. Nothing else I've purchased has been this fragile.

I'll side with the lawsuit, thank you very much.

[abigsmurf @ Dec 19th 2005 1:37AM]

people are getting the wrong end of the stick here. Apple have a history of refusing to acknowledge, let alone fix, glaring problems and faults with their product they don't listen to disgruntled customers because they can get away with not doing so (like sony continuingly releasing broken 1st generation products).

How do you get companies to listen? You sue them, even if a case gets ruled for apple, they'll still have a huge hit on their PR.

I just wish that people would do a class action against Sony next time they release a poorly made product...

[Genius of the Crowd @ Dec 19th 2005 1:37AM]

Yeah this lawsuit is idiotic, I despise apple..but people's
expectations are dumb...since they paid in their mind a large amount of money they
think they have a device that is indestructible...what logical reasoning does one
have when they thing keys or a money clip rubbing up against the screen in your
pocket wouldn't scratch it. Even having it in your pocket to begin with, the coarseness of cloth rubbing up against it will scratch. If you buy a device with a screen, put a screen protector on it.

[cecil @ Dec 19th 2005 1:37AM]

This will be good. You know apple is on the phone right now with 3M or Dupont asking about any new or existing super-hard coating they could use in lieu of the regular resin they are currently using on the nano. We'll see it on the next rev.

I personally don't like cases for things like this, you start to like a product for how it looks, buy it, realize it needs a case and then it's like, damn, it just doesn't look as good covered up like that.

[WebTechGeek @ Dec 19th 2005 1:37AM]

I think there is a plastic polish you can buy at the auto story to remove scratches.


Remember: "To err is human - to blame it on someone else is even more human."

[Jdub @ Dec 19th 2005 1:37AM]

Haha, I laugh at those people who bought it and complained. It is probably made of cheap plastic. I do feel for those who has one not because they bought a POS, but buying something that's not practical (IMO). The smaller it is, the easier it get lost. And for that price, I could get something that stores more that 4GB.

[Brian K @ Dec 19th 2005 1:37AM]

I had ordered the "invisable shield" about 2 days ago. Those of you who have it, I'm wondering does it dull the apprearance of the IPod after you put it on?

Brian

[Kamil Mytnik @ Dec 19th 2005 1:37AM]

Wow, people who buy iPods really are morons.

[Kevin @ Dec 19th 2005 1:37AM]

I have done nothing but keep my black nano in my pockets, I have never seen one that looks worse, the screen is completely scratched, I have trouble reading it. The mirrored back has areas of heavy scratching as well. The scratches on mine are so dense that it looks like an oil mark.

I repeat, my nano has not been dropped, and has stayed either in my hand or in my jeans pockets. I wrap headphones around it, that is all though.

I may try the brasso method, but I definitely need a case of some sort.

[Justin @ Dec 19th 2005 1:37AM]

This is a frivolous lawsuit - people just want free Nanos out of this. The iPod Nano scratches no easier than the previous models of iPod. The scratches are more noticeable on the black Nano, that is all. Thank the American legal system and your neighborhood lawyer for making this ruckus possible.

On the other hand - we will probably see a much more scratch-resistant coating much sooner than we otherwise would have.... but don't think that Apple is ignoring this issue. They've been investigating solutions to the problem since the first complaints came rolling in. This will probably speed up R&D a bit.

Still, I hope the judge tosses it out on the pile of garbage with the lawsuits over fast-food making people fat and liability of firearms manufacturers for the actions of the gun owners...

[JZ @ Dec 19th 2005 1:37AM]

I think #18 has it right. This is only a new issue because they're black.

[pimp @ Dec 19th 2005 1:37AM]

meant for #32...

[e. gray @ Dec 19th 2005 1:37AM]

It's not the cloth that scratches the Nano (#24). It's Dirt. I think the Black Nano really show us how dirty our world is. As to the plastic, Apple picked this particular plastic for the way it feels in the hand. Have you noticed how relatively sticky the iPod is when you hold it. Unless your hands are really oily or very very dry, it doesn't want to fly out of you hands like the case plastic of a cell phone. And yes I know that most of that hand is wrapped around stainless steel.

[e. gray @ Dec 19th 2005 1:37AM]

It's not the cloth that scratches the Nano (#24). It's Dirt. I think the Black Nano really show us how dirty our world is. As to the plastic, Apple picked this particular plastic for the way it feels in the hand. Have you noticed how relatively sticky the iPod is when you hold it. Unless your hands are really oily or very very dry, it doesn't want to fly out of you hands like the case plastic of a cell phone. And yes I know that most of that hand is wrapped around stainless steel.

[Chris @ Dec 19th 2005 1:37AM]

The biggest problem I have with apple telling people to buy cases for their nanos is that my wife bought a nano just after it came out, along with one of those packs of "nano tubes" cases.. Well, over a month later, the nano is fairly scratched (despite her taking good care of it) and the cases haven't even been shipped yet (despite saying "ships in 1-2 days" -- heck, the "ships in 3-4 weeks" laptop case even shipped weeks ago)

[Alcaron @ Dec 19th 2005 1:37AM]

"If people would treat the Nano the same way they treat their glasses, this wouldn't be a problem. But then again, human stupidity has been the basis for many lawsuits."

Wow, you know it all.

Hey, can you tell me why I have a pair of glasses, and a nano, and I take the nano out of a soft velvet bag, set it on top of the bag, press play, and put it back in the bag when done, wiped it off TWICE gently with microfiber cloth and its scratched ALOT, yet I can put heavy pressure on my glasses (which I stick in my front pocket, have dropped 3 times, and generally don't treat that gingerly) when I use the SAME microfiber cloth, and there is not a SINGLE scratch on my glasses which I have had 4x longer than my nano....?

I mean, since you've got this all pegged and everything, just thought you might know.

[Mark @ Dec 19th 2005 1:37AM]

I have had a white nano since the release, and I will admit it gets light scuffing on the face, but it: 1.) hasn't effected the readability and 2.) isn't directly noticable in normal light, unless a reflection takes place and 3.) my old RCA Lyra had the same thing happen to it over time, maybe not as fast, but then again I wrapped the cable around the screen when traveling (that and it's ungainly size meant it didn't face pocketing, which I consider a good deal of jostling, even for the softest fabric.)

Also, just like what I did with the Lyra, I got some good old Brasso and buffed the first actually noticable scratch (note: NOT a scuff, I think this scratch was from how I store the nano while driving) out of the thing with no negative effects. I tried the packing tape deal, but button use was awful, so I bought a tube and plan to find a nice loose cover to insert over the screen (the nanotubes don't ad much bulk to the body, to me.)

Also, for those mentioning PDA screens I refer to the actual casing as a sign of products with noticable issues in serious scratching. The amount of casing scratching (not scuffing) is terrible, not that it keeps me from using it. Then again, that's what you get with a metal or high-shine plastic casing. Also, I noticed a comment about the stylus on the screen, and to be honest the stylus is fairly smoothed and round, it should ideally not be damaging it to begin with. Now if you used an actual pen tip and it didn't damage it, well, then you'd have a solid point. But, there's a reason some PDAs come with protective films to add at your own discretion, and 3rd party companies sell them in 10 packs.