Yet another Apple iPod nano lawsuit

Seems hard for Apple to catch a break these days -- the biggest fall the hardest and all, so it makes sense that peeps want to get their hands in Apple's pockets. But whereas the iPod hearing lawsuit from earlier this month seems pretty unfounded, the latest iPod nano suit filed late last week by Clark Sioson certainly does feel familiar and rings true. The case is brought forth against Apple regarding "scratched, streaked, cracked, or otherwise defective" iPod nanos -- one of the complaints in the suit regarding cracked nano screens (which came along with a $25 replacement fee) have since been addressed by Apple, but Sioson's suit calls for Apple to replace any and all scratched, cracked, or broken nanos and reimburse their customers, and to also add a clause to their warranty stating scratching and cracking will be covered by Apple. So here we go again (though we probably shouldn't expect an outcome on this until 2007 or 2008)! [Warning: PDF link]

[Via MacMinute]

[AbsurdBuffalo @ Feb 13th 2006 12:02PM]

Two words - USER NEGLAGENCE

If you have a scrached ipod, use that stuff they use on eye glasses to take out scratches, It works!!

[diulei @ Feb 13th 2006 12:02PM]

Most of these lawsuits are stupid, really, but when you have a product that sells THIS well, you should expect dumb lawsuits by the boatload.

[fowler @ Feb 13th 2006 12:03PM]

true, to expect that they cover all scratches and dings or whatever is pretty stupid. Try suing ford, or any other car maker. It's the same thing.. both on equallly retarded levels.

[luckywabbit @ Feb 13th 2006 12:10PM]

I'm really tired of people sueing over scratches. ALL DEVICES have the same problem if you don't handle them properly. NOWHERE on the ipod does it say it is SCRATCHPROOF. People really should learn to take care of their expensive equipment. Get a freakin case if you don't want sratches.

[rich @ Feb 13th 2006 12:11PM]

Wait, add a clause to the warranty stating that scratching is covered? Doesn't that imply that the current warranty doesn't cover scratching, and thus the lawsuit has no grounds (not that it has much anyway in my mind...preventing all scratching would mean we coat every with diamond or something)?

[Desert @ Feb 13th 2006 12:15PM]

Wow, this are as bad as the suing McDonalds 'because I'm fat' lawsuits. It's their own damn fault for getting a black nano in the first place. Guess what, PSPs and black cars also show scratches much more. Secondly, if they don't want scratches they shouldn't be sticking it in their pocket or face down on a surface.

Next up, sue Sony for Compact Disc scratches.

[luke @ Feb 13th 2006 12:18PM]

so hang on, my jeans are kinda worn, so i must sue levis as i want a refund. imagine that because i wore them for a while they don't look as new as they did when i purchase them.

when will these crazy law suits stop, you can't sue against general ware and tear.

[Blue @ Feb 13th 2006 12:22PM]

I have a great solution that has worked well for me. DON'T BUY A NANO! 100% scratch free and guarenteed. ;)

[PEZ @ Feb 13th 2006 12:24PM]

Im not a big apple fan, really, but this "adding to the clause" is pretty unrealistic.

Apple is capable of handling situations like these on a case by case basis. Litterally.

Friggin lawyers.

[JinKazama @ Feb 13th 2006 12:25PM]

My wife has had a nano a few months now and there isn't a scratch on it. Amazing isn't it. Apparently, there is the new amazing breakthrough called a CASE that works wonders.

Shame on apple for releasing a product that has the ability to scratch. :-/

[PodMonkeys @ Feb 13th 2006 12:37PM]

I'm getting pretty tired of this sort of stuff. These people make me sad.

[not_a_trendwhore @ Feb 13th 2006 12:49PM]

hi, i'm a troll. spam me please: [e-mail]

[Phoenixfury @ Feb 13th 2006 12:53PM]

I want to sue Apple because I can't find any legitimate reason to sue them. I feel so cheated because everyone else seem to be finding reasons to sue them.. Yet I can't find any reason to do so. That's not right, I want my piece of the pie! LOL

[brad @ Feb 13th 2006 1:01PM]

This isnt "general wear and tear". its taking it out of the BOX. Thats the difference between this lawsuit and if one were to sue FORD.. If the car gets really scratched, its still usuable. If the screen of a nano gets really scratched, it can be very difficult to use.

[Victor @ Feb 13th 2006 1:01PM]

Damn...this country really needs tort reform.

[Trilancer @ Feb 13th 2006 1:03PM]

I will never buy an Apple product, check out my 'revised hardness scale' on my site:
http://trilancer.blogspot.com

[nd @ Feb 13th 2006 1:06PM]

wow.

idiots. and the ipods dont use infreior plastics- they are actually great at resisting scratches, and they polish out easily. but the black ones really show the scratches...

i wouldnt call it user negligence either, maybe user stupidity for expecting a plastic and chrome electoice item to not scratch, but not negligence.

[doug @ Feb 13th 2006 1:10PM]

victor - there definitely needs to be some reform of the class-action lawsuit system. the lawyers (on both sides) get the cash, and the "harmed" plaintiffs get the coupons.

[Chris Crook @ Feb 13th 2006 1:11PM]

I should probably sue HTC because my phone is scratched. Wait, no I won't because it's expected wear and tear.

/not an iPod owner, still think this is retarded

[Spark Jonz @ Feb 13th 2006 1:11PM]

I actually like my Nano, after making the switch from Creative. My only complaint is that some tracks I've ripped from CD, using something other than iTunes, don't play right. The nano (& itunes) will cut the last part of the song off, due to mp3 header issues. I'm surprised there isn't a frivelous class action lawsuit because of this!

[Nathan @ Feb 13th 2006 1:14PM]

It seems as though everyone is considering this lawsuit stupid, but I would have to argue on the contrary. As some suggest, every product scratches. While that is true, the nano scratches extremely easy - in fact, it scratches easier than any other iPod, and that should consider this product defective.

I have an audio recorder and it doesn't scratch as easily as the iPods do. Do I need a case for it - no! Because it doesn't scratch as easily. The iPod scratches easily, but the nano is even worse and scratches under normal use. The person bringing forth the lawsuit is therefore correct when he says Apple should replace the screens at no additional charge because it is covered under their warranty.

[Revrant @ Feb 13th 2006 1:19PM]

Apple Fanboys abound...leaping to the rescue "z0mg nomal consoomer shuld know u hav 2 buy CASE! LOLZING!!" Yeah, everyone should know, I mean, we buy cases for everything else right? Wait a minute, my mouse doesn't need a case, my camera remains scratch free without one, egad, my keyboard, scratches nowhere to be seen! Gasp, the competition doesn't seem to need them either! Shock and awe.

The real idiocy is the fanboyism here, the point of this is that Apple is selling a product without informing the general public that unlike the majority of quality products, it scratches like hell, it breaks rather easily, and you should visit a dodgy website to buy a little piece of plastic(to cover the plastic).

[Jeff @ Feb 13th 2006 1:29PM]

Two words - SPELL CHECK

[bgdc @ Feb 13th 2006 1:33PM]

Wow, these lawsuits are stupid. You bought a black device! Black things don't scratch more easily or get scuffed more easily but they do look dirtier than other colors...it goes with the territory: black shows marks other colors hide. If these idiots buy a black car will they go back to the manufacturer and whine because its scratches are so readily apparent?

Honestly, go buy a damn case. I slapped an iskin on my WHITE ipod and my device is perfectly clean and scratch free.

[JamesBrown @ Feb 13th 2006 1:58PM]

revrant (#20) - that is pretty dumb. the reason your mouse and keyboard don;t need cases is they're not portable. anything you carry around is likely to get scratched. i.e., cell phones.

i don't know what's worse, fanboys or anti-fanboys.

[dk @ Feb 13th 2006 2:06PM]

scratches, smatches. Apple goes to great lengths to put together a product. As cliche as it sounds, they do try to pick a mix of form and function that fits the general concept of all their products. They don't simply ignore things like scratches. They just compensate in other areas, like tiny.

If i sound pro-apple, i am. Ijust ran my ipod through the washer AND drier and accident, with the power ON, only to find it work a day later. That kind of thing doesnt happen completely on accident, folks.

[USTommyMC @ Feb 13th 2006 2:15PM]

I sure bet Apple never saw this coming. They should have made the iPod nano with the iPod mini's exterior.

[mpeng @ Feb 13th 2006 2:34PM]

you can get a free case, free screen and free battery. people are not going deaf from the ipods, but all the lawsuits generated from it...mcdonald's made me fat, and explorers flip with firestones...

we should sue all manufacteres for selling products that can be damaged, regardless of customer abuse or misapplication. let's stick it to 'the man'

[SeaBee @ Feb 13th 2006 3:29PM]

A few questions...

So what happens when the Contour iSee-nano clear hard case I bought for my fragile nano gets too scratched up for me to see through?

Can I hire me a lawyer to sue Apple because their soft plastics forced me to buy a case which I can't see through now due to scratches?

Can I also sue Contour because the case I bought from them to prevent scratches and ensure viewing clarity now exhibits the symptoms that I bought it to prevent?

Can I join the Idiot's Club now? When and where do we meet, and how can I sign up?

[Dave @ Feb 13th 2006 3:35PM]

The solution costs $20:

http://www.shieldzone.com/store/index.html

If you've already scratched your iPod, use Brasso to clean it up:

http://justinblanton.com/2005/10/ipod-nano-brasso-invisibleshield

Then buy an invisibleSHIELD :)

[lwieise @ Feb 13th 2006 3:38PM]

I don't know about the nano but my video has been very resilient. I keep it in a case but I have still dropped from 7 feet and even accidentally dropped and kicked in such a way that it tumbled end-over-end on three corners, yet it still plays and the scratches on the iPod itself are minimal.

[Echo_ @ Feb 13th 2006 4:35PM]

although i think this lawsuit is bogus ive yet to see a product that scratches as easily as a nano

im sure it wouldnt hurt appple to put a scratch resistent coating on it

[Gabriel @ Feb 13th 2006 4:53PM]

This litigious society we live in is nauseating at best. Lawyers need to be put in check. Scratched nano's? This is ridicuous.

[Dan @ Feb 13th 2006 4:54PM]

Can everybody who has no idea what they are talking about, please get to the back of the line?

Here's an object lesson. My glasses - I go everywhere with them, chuck them whereever when I take them off, step on 'em once in a while, have them drop onto concrete about a half-dozen times any time I'm playing basketball. They have just about exactly four scratches on them - one for every year I've had these lenses.

My iPod develops new scratches after being carried around for a day in a pocket made of one hundred percent cotton. I used to keep it in a silly-ass case just like everyone says you're supposed to, until I realized it was developing scratches FROM CONTACT WITH THE CASE ITSELF.

My cellphone? Couple of scratches. My notebook computer? No scratches. My iPod? Absolutely covered in scratches.

I mean, stop kidding yourselves, fellas. What did you, spend $300 for the chance to make a bunch of excuses?

[Corbin @ Feb 13th 2006 4:59PM]

when i here about all these lawsuits, i think of all the stupid people i know personally that treat there ipods like crap. i have a 3rd gen Ipod and ive had it for 2 years and its in great condition physcially, the battery isnt what it used to be but my screen is still readable because ive kept it in a case since the day i got it. same thing goes when i see people on my campus walking around with laptops under there arms with no case! these products are not made of corigated steel.

when people invest 300 to 400 dollars in anything, they should take really good care of it, not throw it in there bag or purse with car keys, pens, loose change , etc.

[Reg Muffet @ Feb 13th 2006 5:00PM]

Don't these people know that a can of Brasso and a ball of cotton wool can restore an iPod's surface to an out-the-box-new look with about 20 mins of elbow grease?

So I guess it's easier to file a lawsuit than actually clean your iPod?

I take a Nano to my gym and have it dangling around on a pair of lanyard headphones, where it sometimes collides against weights. Even after 4 months of workouts, it's less scratched than my membership card.

[itanshi @ Feb 13th 2006 5:06PM]

well, i ran my sony walkman dead and it won't charge. seems nano ain't the only faulty product. this is my second one i owned and it seems i might have to get a third if the warrenty still exists

[Alexis R. @ Feb 13th 2006 5:34PM]

If you haven't used one don't just to conclusions. This thing scratches so easily it shouldn't have passed Quality Check. I have a cell phone with big ass screen , that I dump in a backback and ride around my bike with it and guess what. 1 scratch. An iPod in a 100% cotton pocket? atleast 300 scratches. And that is the reason that I won't buy an iPod again unless they fix it.

[Jamar @ Feb 13th 2006 7:07PM]

from the first post- what stuff DO they use on eyeglasses? All of the glasses shops I've been to say that scratches can't be fixed and that I have to replace the lens. Where can I get some of this stuff? Oh, my friends have iPod Nanos. Theirs have yet to scratch, though some don't use a case.

[Tim @ Feb 13th 2006 8:17PM]

Hopefully Apple will get this taken care of and we can have some scratch free iPods soon. But in the meantime I know where to go for protection... :)

[itsnotmyfaultibrokeit @ Feb 13th 2006 8:56PM]

Apple cannot control how people care for their possessions. If a car rubbed up against things, it would be all scratched. This lawsuit is just an extension of the warpped sense of personal responsibility liberal socialist are tainting our laws with.

[Joel @ Feb 13th 2006 9:34PM]

"I sure bet Apple never saw this coming. They should have made the iPod nano with the iPod mini's exterior."

Now, thats a great idea! Seriously!

[Tom @ Feb 13th 2006 9:35PM]

Wow, this is dumbest suit yet. Its like me asking Toyota to pay for my paint job when I had a fender bender with a Range Rover. (Sarcastic Voice) I mean I didn't know hitting another car would scratch the paint job.....If you don't want scratchs, get a case or take better care of your iPod.

[r @ Feb 14th 2006 2:13AM]

This is why the iPods have an 800% markup -- idiots like Clark Sioson filling frivolous lawsuits.

For Clark's next trick, he sues Ford because his car got scratched while he was driving on the freeway, and then he sues his cat for scratching the furniture!

[Colin @ Mar 13th 2006 1:56AM]

If these things scratch so easily, then how come the ones on display at the stores aren't terribly scratched? I looked at three Nanos over the weekend, and, while I can't say they were totally scratch-free, I certainly didn't get the "Wow, these things scratch more than a major-league ball player!" experience.

There were two white ones, and one black one. and a selection of cases on the display, and I remember thinking that the black one likely wouldn't show dirt as well as the white ones. The idea of scratches didn't come to mind at all, although the cases did make me think that some protection would likely be a good idea.

While the black one is the one I think I'd go with, I don't really have a strong need for one at this point, and I can't help but wonder what's going to be in the next version. Two things that come to mind as interesting possibilities are Bluetooth and IR, so you could sync with it still in your pocket, use wireless speakers/headphones/"earglasses", or even ise it as a remote for your computer. Perhaps the next one will pause when you get a cell call, or maybe even act as an answering machine (like the ones built-in to the Motorola Elite series)

[Killian @ Apr 27th 2006 8:05AM]

hey #34, you're just about exactly right (that makes sense, correct?)

[Azrael @ Apr 27th 2006 8:44AM]

I say Stick with Gigabeat. Or GET A FRACKING CASE!!!! I dislike apple but still if you are retarded enough to complain about stick something in you pocket that costs alot you dont leave it in you pocket w/o protection. Next up.... Ipod-babys. Ipod got me pregnant and i forgot to use proection blah blah blah

[Aaron @ Apr 27th 2006 9:45AM]

Yeah, it sounds dumb, but everyone saying that this is totally stupid needs to stop. Most of you don't even own an iPod. I do. It gets scratched to hell just going in my pocket. Not huge scratches that make it hard to see the screen, but it still gets pretty bad even though I've been pretty careful with it. And mine isn't even a nano, which apparently is much worse.

Buying a case doesn't bother me (I did buy one) and cleaning it doesn't bother me either, but I still think that for something that is small and portable and will be handled often, it should be a bit more durable.

So maybe a lawsuit isn't entirely necessary, but it isn't as ridiculous as you guys are making it sound. It should not be mandatory to buy an extra case for something that's already overpriced.

[lka1988 @ Apr 27th 2006 4:59PM]

I think this whole thing is totally stupid.

If you don't want to worry about scratches, then don't buy the damn thing. Get an iRiver, Creative, or some other obscure company's MP3 player.

My iPod is covered in scratches, and so is my phone. Hell, I throw both of them at my friends. Hard. Yet, do you see me sueing Apple or Motorola because they got scratched in the process? Go figure.

[jdawg @ Oct 17th 2006 8:38PM]

Cool, if this passes. I can tell Honda that I want them to buy me a new car if I get in a wreak or replace it if it gets scratched. If it's not serviced properly I also can get it replaced. Hurrah! People are so stupid nowadays.