Nano scratch lawsuits go global

They say there's no such thing as bad publicity, but we somehow suspect that Apple is none too pleased about the latest buzz over the iPod nano, which increasingly has come to focus on how scratch-prone the player is. The latest salvo comes in the form of a new class action lawsuit, in which international plaintiffs, mainly from Mexico and the UK, are joining their American counterparts in suing the company for alleged product defects. Attorney Steve Berman, who also represents American plaintiffs in their suit against Apple, commented: "It seems that wherever the Nano is sold, problems with the defective design soon follow." Of course, this could just be an attempt by Berman to add some pesos and pounds to the dollars he'll get if there's a favorable verdict or settlement, but we doubt this is a part of what Stevie J. had in mind when he whipped that nano out of his pants pocket a couple of months ago.

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

Please don't flame me, but I fail to see where this is the manufacturer's problem, I understand people are angry their Nanos are getting all scratched up, but is there anything that is truely scratch proof?

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

OHH NOES!! My iPod got scratched!! Oh, My Stars!! *faints*

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

GET A WHITE ONE!

problem solved.

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

I have a black Nano. Had it since the day they were released. I put it in my pocket and in my bag and I use it every day on my commute. It has some scratches but they are in no way critical. In fact, you have to hold the iPod at a certain angle to even SEE the scratches. When you're looking at it straight on, it looks fine.

People suck.

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

This is an absolutely ridiculous suit. How does a scratch render the iPod Nano unsuited for the purpose for which it was purchased? The only way I can imagine they even have a vague case is if the screen becomes unreadable as a result of scratches and being the owner of an original 1G iPod, I have a hard time believing that normal use has rendered the iPods illegible in the short space of time that they've been around for.

The iPod Nano is a rather expensive piece of electronic equipment. It's not a pack of chewing gum. It's patently obvious looking at the thing that it is going to be prone to scratches. If you are too stupid to realise that throwing around a piece of electronic kit like this is going to result in scratches on the case, then you deserve to lose the money that this lawyer and/or his clients are going to lose.

[mrw0lf @ Dec 19th 2005 1:37AM]

Got a nano and this lawsuit is a joke.
No scratches....why?
We don't treat it like a pair of gym socks

Two solutions:
1. get a case
2. brasso

Please.

[Google Nazi @ Dec 19th 2005 1:37AM]

HEY EVERYBODY!! LET'S GO SUE CAR MANUFACTURERS THAT SELL BLACK CARS AND LET'S SUE SONY FOR BLACK PSP AND WHILE WE ARE AT IT, LET'S SUE IPOD FOR THEIR BLACK IPOD!

Racist bastards.... lolol

Is it really the scratching? Is it really? ACtually, i'm not going to explain my self over how retarded this whole situation is again, so let me just say this....

*opens mouth*

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

I put (high quality) clear nail polish over my nano screen (get a woman to do this.. they know how to avoid bubbles and overflow better). No more probs.

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

Sorry but this is BS. As if there isn't another more durable platic they could have used?

This is the same kin dof crap that pisses me off about CDs. If you look at them funy they scratch, and I am pretty damned careful with them.

Incidentally, the new iPod scratches easy too. I've had it for just 3 weeks and it has more scratches than my old 20 gig, and it's NEVER out of the case.

Some of you are retarded.

"Waaaa! Don't sue Apple, they're my faaavorite company! So what if your $250 Nano looks like crap after 2 weeks of normal use."

Seriously, what do you losers care if they get sued? You sleeping with Steve Jobs?

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

Can a lawsuit get more frivolous than this? I hope apple fights this one tooth and nail so these cry babies don't get one red cent.

[Ken C @ Dec 19th 2005 1:37AM]

Thats why I got the White nano. The Black is sexy but I have learned from Passed experiance.

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

I thaught the name rings a bell ............
Steve Berman

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

This suit is absolutely rediculous. But hey, if they can do it, so can I! I'm going to sue GM for every car I've ever bought. They all seem to scratch pretty easily and those scratches ruin the functionality of my car about as much as the ones on the nano reduce it's functionality. I figure I stand to make a mint!

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

I thaught the name rings a bell ............
Steve Berman

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

@google nazi:

you cannot sue ipod, they are not a company retard. you would have to sue apple.

that has to be one of the dumbest things i've heard in a while.

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

does this lawsuit is just for black ipod nanos? I have a black dodge ram, and seems like it get scratched in the air? Does anyone know of a protective case for trucks?

Funny thing is that the same product works for both products and is called scotchguard.

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

The white iPods and the white iPod Nano's all scratch just as much as the blackcounterpart. The only difference is that the superficial scratches have a light reflection. So on a white background, the scratches disappear, but on a dark background at a certain angle they are blatanly obvious. I just bought a black Nano because I know exactly what is going to happen if this lawsuit falls through, Apple is going to stop making the black Nano and good people who want one and don't care about the minor superficial scrathes are going to be terribly out of luck. They are already behind production of the black 4gig Nano, what's to keep them from just stopping production all together and telling people they are going to have to settle for the white one?

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

Oh, and #16 you might want to do some research on that McDonald's incident because that was definitely a legitimate lawsuit and McDonald's was the bad guy in that situation not the grandmother, but I do see your point.

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

Honestly, you can get scratch-resistance coating on your glasses for like 20 dollars. How much would it hurt Apple to tack 20 dollars onto the price and spring for some scratch protection?

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

Folks, come on, got mine, black 2 gig, put the invisible shield on it, (swear I�m not advertising for them, just Google it) and it has no scratches. Now I know what you will all say..."Well why do I have to buy something else to make up for a bad design????" This is idiotic, you almost always buy cases for ipods, and everyone I see at Cal State Northridge has a case for their ipod, to what???? Protect it from scratches. With the invisible shield, you protect it from scratches, without having to look at an ugly sleeve or case.

Just my opinion.

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

I hate the FUD pic that is always posted with these articles ... the nano is always turned towards a bright light source ...

Hey, do this with your cellphone - you'll see the same thing.

Some people complained there weren't cases out when the nanos first shipped ... but who wouldn't protect a $200 - $250 investment? FIND SOMETHING to put it in until the bizillion cases that have come out are out!

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

Damn! Nowhere in the Nano brochure does it say it is safe to use the Nano when hopping and crawling the US border with Mexico. Those Mexicans should know better: Use a protective case when running away from la migra :) This is frivolous, I mean fr?lo! Go Raza!

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

"Yes. A woman sued McDonalds (and won) because she put a hot coffee between her legs while driving."

http://www.bbc.co.uk/dna/h2g2/A429950

Really Max, there's just no excuse for thas sort of thing nowadays.

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

If you cannot litigate, you must mitigate!

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

"she put a hot coffee between her legs while driving"

...and if that lawsuit happened today, they would have found a way to include Rockstar as a co-defendant in the lawsuit.

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

Seriously. Lawsuits over scratches? Come on. Press play and drop it in your pocket.

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

"Doesn't everything scratch?"
Why can't you people get it? The complaint isn't about it scratching, it's about how easy and fast it scratches.
Here is an example to try to clear it up:
Apple comes out with a soft drink to compete with Pepsi and Coke. It tastes amazing and looks great, but it goes bad after 2 hours from buying it from the supermarket as opposed to 6 months with the other brands.

Trilancer.blogspot.com

[Digital Kid @ Dec 19th 2005 1:37AM]

Man, why all the love for a company that is making shit load of money off you guys. Stevie J is a greedy hoard. If anything, you fanboys were the one who put Apple and its products on pedestal. You can't have it both ways! You cannot praise Apple on a daily basis how fantasic its products are and then turn around and defend it when it comes out with a defective, easy to scratch nano.

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

he's right! praising and defending a company? that's downright absurd!

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

"Waaaa! Don't sue Apple, they're my faaavorite company! So what if your $250 Nano looks like crap after 2 weeks of normal use."

I hate Apple but I hate the "why me" generation's love of frivolous lawsuits more.

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

this has been beaten to death, but i need to weigh in. i think 95% of those of you who think people are overreacting do NOT OWN AN IPOD NANO. obviously i've heard the horror stories, and on the internet these things can tend to get blown way out of proportion, of course. but i own a white nano, i've been wrapping it in a microfiber cloth and storing it in a case when not using it, and after two weeks it looked like i'd had it for two years, i kid you not.

i also own an ipod photo, and after more than a year it still looks almost brand new. i also own a Sony PSP, and, black finish be damned, it looks fantastic after a year. i have been very careful with ALL of the above devices, and the nano is the only one that seems to scratch if you look at it the wrong way.

there is no doubt in my mind that Apple messed up manufacturing some of the first batch of nanos, and i think people have a legitimate complaint.

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

Point taken and I posted something that I hadnt properly researched. My apologies.

Next time I want to use an example I'll consult my attourney: Lionel Hutz.

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

I purchased a car. It is easily scratched. I want money back.

Seriously ... its an iPod. They get scratched, live with it. If you can't, buff the scratches out, just like you would on a car.

pfft.

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

These lawsuits are hilarious :) As if there's anything defective about an iPod with a scratch on it! If you don't like a product, the typical response is to buy something else!

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

Apple fanatics must hold the world record for brown nosing. I've never seen such a pathetic display of excuse making.

Apple screwed up. All you brown nosers are teaching them is that they should keep screwing up.

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

This is just another frivolous law suit that clogs up our legal system. If you don't like stratches, be more careful with it, or get a case. Or just don't buy one. The point is not that you can stratch it, which you can, it is that you can't hold a company responsible for the wear and tear you apply to their product.

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

Hah... I can't see why people are SO loyal to this corporation.

I really wanted a Nano, and I'll be honest, this crap with scratching has kept me from buying one, I'm a freak about keep stuff in top shape and it seems that just might not be possible with this product.

I hope Apple fights this tooth and nail too... because it cost them a ton of money. ;) (Although still a drop in the bucket to a large corporation)

[Dan P @ Dec 19th 2005 1:37AM]

I have an iPod nano. I treat it pretty roughly - wear it down the gym handling it while all sweaty (ick!) and throw it in my work or gym bag. But I keep it in a case and treat it reasonably whenever I remove it. I don't see a single scratch on it no matter what angle I hold it at. It seems to me that if people are telling the truth here then there must be quite a bit of variation in the way these things are manufactured.

[Dave D @ Dec 19th 2005 1:37AM]

I don't see a problem with the lawsuits. People are unhappy with the product and believe the problem of the scratched screens are caused by a defect.

If anything people talking negatively about the lawsuits should be happy about it. In the end it is going to force Apple to look into inproving their design and utilize a less scratch prone material in their Ipods.

If nobody spoke up, everyone would be forced to deal with the same problems with future generations of Ipods.

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

So now people will purposely buy the Nano just so they can get some cash out of it...

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

I've have a $25 Timex dress watch for three months of aggressive use and IT DOESN'T HAVE A SCRATCH ON IT'S SURFACE. I'd think a $250 iPod Nano could match the quality of a simple Timex watch. For those defending the iPod Nano, I say buy one but don't complain later; just hide your new scratched iPod Nano in your pockets.
Demand quality! That's what you should get when you pay a premium price.
-Don

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

#38 - Thank you for understanding one of the major reasons for having a legal system! This is definitely not frivolous. If this many people actually believe they have been 'wronged' there is no chance it is frivolous. A frivolous lawsuit would be suing my hated next door neaighbor just to get even with him.

Everyone should be celebrating this lawsuit. Do you all realize that the ipods each cost only about $100 to produce? Steve-o is making a killing off of every one sold (I'd guess at least $50). It's not hurting any of you all by them getting sued. Hell, it's not even affecting thewm. They can throw down a few million with no concern.

The point is to get them to realize that the consumer does matter and that they can't screw over consumers with low-quality products. All you folks that are complaining about the lawsuit are doing is saying 'Hey, it's okay for you to screw us, we don't care'.

For everyone supporting this lawsuit, Congrats.

For everyone complaining about it, drop your pants and grab your ankles because you are just going to keep getting screwed.

(For the record, I don't own an iPod, and I never will.)

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

Like the 5G, I'm sure the Nano came with a protective film over it. Umm, who made them remove it? I didn't touch mine until I got a decent case.

It seems that Apple did what they had to do to ensure that Nanos got to the consumer scratch-free. The consumers dropped the bal, hence, case dismissed.

Lawyers love class-action suits. They're win-win for them.

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

"Do you all realize that the ipods each cost only about $100 to produce? Steve-o is making a killing off of every one sold (I'd guess at least $50)."

Are you really this ignorant? Any product that requires R&D is impossible to value based purely on material costs.

Software only costs pennies if you look only at the cost to produce the physical media and packaging, but they do have to pay for programmers, computers, a building, electricity, etc...all to produce the software.

Same with the ipod or the car in your driveway...jesus, I hate to involve myself in the Special Olympics that is arguing on the internet, but get a clue...

I have a black nano, it has a few scratches on it, yet the world continues to revolve. I hardly ever have it in a case and it frequently gets tossed wherever is convenient in the car.

It's made out of plastic, last I checked, plastic can scratch...

[benhc911 @ Dec 19th 2005 1:37AM]

what about Canada? no love up here? only for the US, Mexico and UK????!!! I realise that we are easier going, but we still like money :) and I would love a replacement nano, mine is pretty scratched, and I have taken good care of it.

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

1.) I would never spend all this money on the iPod, and then cover the display with clear nail polish... No matter how smooth a coat was applied.

2.) I should not have to.

3.) An iPod should never be referred to as "sexy". A normal person is not sexually aroused by an iPod.

I hate the whole thing with iPods, where they are supposedly so hip and cool, everybody has to have one and show them off to the world. Apple seems to have made a deal with the devil in exchange for the iPod marketing. This being said, my player just broke, I took it back, and am now looking for a replacement. Due to the versatility of the iPod, I decided on the Nano.

That is... Until I heard of all this scratching business. I'm not spending that kind of money on something that so easily gets screwed up. My friend has had a white one for a few weeks, bought those silly "tubes" from Apple, and it still looks scratchy. I agree with the point about the $25 Timex looking just fine after lots of abuse, and don't expect that degree of durability from the iPod... But I do expect some level of smarts when it comes to the physical design of the thing. My cell phone is always with me, gets no special protection, and still looks great. My cell phone was "free" with my plan.

What am I doing about my concern??? Not suing... I am doing what SHOULD be done in situations like this -- I AM NOT BUYING IT. This is my way of sending a message to the manufacturer. Lawsuits are not the magical solution to everything -- they are bogging down our legal system, and matters that are actually important (like hot coffee burns -- LOL) are getting delayed because of all this needless garbage.

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

"I'm going to sue GM because my black car scratched" - Dumb argument.

Cars traverse highways with bird poo, dog piddle, and gynecological fluids flying around and don't get scratched to *that* extreme.
PICK UP the black nano (which i own, btw, and my hands are fluid-free) and it looks like a crack whore at sunrise.

This lawsuit isn't pointless.

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

Let's sue Microsoft. Windows is full of crap

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

There better not be some DRM in that poor quality plastic...

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

Let's sue Microsoft. Windows is full of crap