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Media (Apple) Businesses Government Media The Courts Apple News

iPod Nano Scratches Result In Suit 446

Evil W1zard writes "Earlier this week a class action lawsuit against Apple was filed claiming that the iPod Nano has a widespread propensity for scratching easily. The lawsuit alleges that Apple violated state consumer protection statutes, as well as express and implied warranties and charges that Apple knew that there were design problems with the Nano." From the article: "An Apple representative declined to comment on the suit, but Apple has stated that the Nano is made of the same polycarbonate material that's found in previous iPods and maintained that the scratching problem does not appear to be widespread. The lawsuit charges, however, that the Nano contains a thinner coating of resin than on previous iPod models."
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iPod Nano Scratches Result In Suit

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  • Resin (Score:3, Insightful)

    by Poromenos1 ( 830658 ) on Friday October 21, 2005 @04:13PM (#13847341) Homepage
    the Nano contains a thinner coating of resin than on previous iPod models

    Yes, well, the nano ITSELF is thinner than previous iPod models...
  • Don't people ... (Score:2, Insightful)

    by 10101001011 ( 744876 ) on Friday October 21, 2005 @04:14PM (#13847345) Homepage
    ... Have anything better to worry about? I mean, we jump when our MP3 players scratch, but major issues like voting, the environment, and the homeless are all just glossed over as something too complicated to worry about, or not worth the effort. I am not trying to flame anyone in particular, since if, indeed Apple produced a shoddy practice they should be held accountable. SOmetimes, I just feel as if people don't realize there is more to life then a little piece of plastic and silicon.

    But I'm new here...
  • by AviLazar ( 741826 ) on Friday October 21, 2005 @04:15PM (#13847359) Journal
    Notice that this statement is meant to sound like Apple just rigged Grandma's respirator to fail due to shoddy workmanship. While there is certainly damage to the Nano, and the coating process is "clearly defective", I don't buy for a minute the last statment that the players are irrparably damaged. There are plenty ways that Apple can make good without paying a fucking nickle to these assholes.

    It doesn't sound like that at all...in fact it just sounds like a lawyer utilizing strong language - which is something you should do if you are making a complaint, or a lawsuit. You are not going to write "we think that it might be possible the nano might scratch, where the other ipods will not". At no point did they claim apple was evil or tried to ripoff people who purchased the nano - so no, relating apple to someone who rigged grandma's respirator is completely false.
  • by zumbojo ( 615389 ) on Friday October 21, 2005 @04:17PM (#13847393) Homepage
    Materials aside, these scratching problems seem symptomatic of a big step backwards in design. The iPod mini that the nano replaced was built from tough, brushed aluminum that stayed beautiful even after months in a pocket with change and car keys.

    (I [heart] my iPod mini.)
  • Serious Doubts (Score:2, Insightful)

    by Hrvat ( 307784 ) on Friday October 21, 2005 @04:17PM (#13847394)
    Mind you the article says that they're suing Apple because the scratches can get so severe it prevents one from seeing the screen. If that is the case in ALL of these "scratch" cases, sure, Apple should replace it. Notice how Apple is replacing the Nanos with cracked screens.

    However, I seriously doubt that with REGULAR USE (meaning under normal conditions) wear and tear is such that majority of these Nanos actually can't see the screen.
  • by adzoox ( 615327 ) * on Friday October 21, 2005 @04:19PM (#13847418) Journal
    Apple said anyone who felt the issue was big enough would repair or replace the Nano at no charge ...

    what else do these jerkoffs want?
  • by kryonD ( 163018 ) on Friday October 21, 2005 @04:21PM (#13847439) Homepage Journal
    Seriously folks, it's no wonder that the legislature is ramming through laws to protect companies from these lawsuits. I mean really....there are places in this world where people will sell their daughters into the sex slave market so they can afford to get one kid through high school....and here we are whining that our iPod Nanos get scratches on them too easily. Am I the only one who thinks this is totally messed up?!?
  • by timster ( 32400 ) on Friday October 21, 2005 @04:25PM (#13847491)
    Well, I don't know about CHEAP watches. Good watches have sapphire crystals, which aren't very easy to scratch.

    Fundamentally it's a matter of hardness; anything will scratch if it encounters something harder. Hard materials like diamond and sapphire are pretty much inherently expensive. Thus, any material that would be practical for an iPod will scratch.
  • by Dixie Flatliner ( 850959 ) on Friday October 21, 2005 @04:27PM (#13847514)
    Very soft felt, the kind you'd use to clean the most delicate of surfaces leaves damage on Nano's that looks like what would happen if you rubbed it on a slightly sandy floor, and it permanently obscures the screen, so I'd say it was an issue.
  • by Anonymous Coward on Friday October 21, 2005 @04:30PM (#13847536)
    Does the law even need to get involved in this? I do not own an iPod nano, so I cannot comment on the validity of the claim. But assuming that the screens are crap and are more easily scratched than they should be, isn't this problem easily fixable by capitalism?

    If your product is less than satisfactory, your sales suffer, and you're punished by lower revenue than expected. Isn't it just that simple? As a consumer, it's your responsibility to know what you're spending your money on. If it's a crappy product, and you choose to purchase it, it's your fault.
  • Some thoughts.... (Score:4, Insightful)

    by 8127972 ( 73495 ) on Friday October 21, 2005 @04:32PM (#13847552)
    OMFG! Where do I begin?

    1. Every iPod I own has gotten scratches.
    2. If you don't like scratches, get a case.
    3. If you already have scratches, try Brasso [dailey.info] or iCleaner [ipodcleaner.com]. I've tried both and they work well.

    Bottom line, scratches are the responsiblity of the owner. GM won't replace your car if YOU scratch it, so why should Apple pay up if your iPod gets scratched. Meaning that if you own an iPod Nano, it's YOUR fault that you have scratches. Please deal with it in a way that does not involve the justice system as it is NOT their problem.
  • by AviLazar ( 741826 ) on Friday October 21, 2005 @04:33PM (#13847563) Journal
    Our resources are not so limited that we can't focus on multiple lawsuits, ranging from slavery to ipod nano's. Is the ipod nano more important then slavery, no, but is it important - sure. The legislature is not ramming laws to protect the companies because of other bigger issues - they are doing so for other reasons (some altruistic, some not so much).
  • by evil agent ( 918566 ) on Friday October 21, 2005 @04:33PM (#13847564)
    Sure, they're trying to make a strong case for themselves but "extreme scratching"??? Gimme a break. You could pretty much say that about anything with a screen.

    If your willing to pay a couple hundred for an iPod, then set aside another 20 dollars and get yourself a case to put it in.

  • by Anonymous Coward on Friday October 21, 2005 @04:35PM (#13847582)
    Most people can be upset about the price of oil, the degradation of the environment, the war, natural disasters, AND shitty product design.

    However, if you're the same troll we used to call "barcode" at Planet Crap (is that site still around?), then you wouldn't understand anyway.

    Cheers.
  • by carambola5 ( 456983 ) on Friday October 21, 2005 @04:40PM (#13847633) Homepage
    Complaining about a few scratches?!? How about running over it twice with a car [nyud.net] and still playing music on it?

    People are being too obsessive about the "status" the iPod gives the owner, and not realizing that it's a damn solid product.
  • by Monkelectric ( 546685 ) <[moc.cirtceleknom] [ta] [todhsals]> on Friday October 21, 2005 @04:41PM (#13847643)
    Um, strawman argument. What you're saying is, until we are as bad as some other places, we have no right to complain? So I can't complain about high taxes, a government run by and for bafoons, because at least we're not as bad as some other placse?

    Just because other places are fucked up, doesn't mean apple gets to sell defective stuff (assuming that it is defective). The arguments have nothing to do with eachother...

  • by prockcore ( 543967 ) on Friday October 21, 2005 @04:46PM (#13847689)

    PDA users have had this problem for a long time, which is why there are brisk sales for PDA screen protectors.


    No.. PDA screen protectors are used because you *write* on the screen.. with a stick of plastic. A little bit of sand gets under your stylus and you'll mash it into the screen.

    My cellphone lives just fine in my pocket, and doesn't have any visible scratches even though it's 2 years old. My PDA is a few years old, and the only visible scratches are some stylus marks on the screen.

    The Nano is poorly made.. that's all there is to it. I've seen display-model Nintendo DSs in better shape than the Nanos in the apple store.
  • I don't get it... (Score:5, Insightful)

    by afra242 ( 465406 ) on Friday October 21, 2005 @04:47PM (#13847695)
    I bought an iPod nano since they first started shipping and I don't have one scratch on it. It's black too, so scratches would be more visible.

    I don't keep it in the same pocket as I do with keys, or other objects. I also run an hour daily, and the nano's in my hand/pocket during this time.

    I don't know how people treat their nano - I'm somewhat alarmed at all this. It's an electronic product: treat it as such.
  • Re:silliness (Score:3, Insightful)

    by eMartin ( 210973 ) on Friday October 21, 2005 @04:50PM (#13847725)
    There are two kinds of cases for iPods out there.

    Those that scratch easily, but prevent the iPod from getting scratched, and those that don't scratch easily.

    The first make little sense to me. You are going to be carrying around a scratched gadget either way, and this way, you will just have to keep paying to replace the protection itself if you want to get rid of the scratches.

    The second would be great, but I just don't get why if someone can make a scratch resistant case or cover, can't Apple make the iPod out of the same stuff. I'd gladly pay the extra $20 for the iPod in the first place if it means I don't need it to either be bulkier with a case or look like I covered it in tape.

    And again... My iRiver player and my iPod mini are practically scratch-free after years of carrying them in my pockets with change and keys.
  • by Golias ( 176380 ) on Friday October 21, 2005 @04:54PM (#13847786)
    Sure, they're trying to make a strong case for themselves but "extreme scratching"??? Gimme a break.

    Indeed. "Extreme Scratching" sounds like something you might see on ESPN2.

    It's a fucking plastic electronics toy. Things can scratch it. Holy fuck, get some perspective, people.

    Everybody who owns glasses knows that the choice is: "Glare reducing. Scratch Resistant. Inexpensive. Choose two."

    So, Apple chose not to put a scratch-resistant surface on the screens of their low-budget flash-based iPod. Big fucking surprise. Can the nano still function if it's scratched? Hell yes. Can scratches be avoided if you are careful with it? Hell yes.

    Buy some brass polish, clean off any scratches you have, and spend six bucks on a slip-case for it. Whatever you do, don't sign on for this class action lawsuit, because the same thing will happen that always happens: Apple will settle out of court, you will get a pittance (like, perhaps a $10 iTunes gift card or maybe a can of scratch-removing polish if you are very lucky), and the scumbag lawyers will make millions and then move on to sue the company that signs YOUR paycheck.

    Oh yeah, and everybody pays more for fucking everything because paying off asshole law firms like this has become a routine cost of doing business these days, regardless of what you do or how well you do it.
  • Re:He's lost it (Score:3, Insightful)

    by cyberworm ( 710231 ) <cyberworm@NoSpaM.gmail.com> on Friday October 21, 2005 @04:55PM (#13847804) Homepage
    I agree that this is just a frivolous lawsuit. I'd be interested in knowing what kind of monetary damages these people incurred by having their iPod Nano scratched up (as mentioned in the linked article) other than what they spent on the nano.

    Also, I used to own a Sony Ericsson t675, that when I bought it, the salesman also had one, and I noticed how scratched up his was. Knowing that this phone would be prone to scratching, to the point that the screen might get cloudy, I took care to not put it in the same pocket as my keys, change, pocketknife etc... I think that anyone complaining about their nano being scratched should use some common sense. Metal scratches plastic. My aforementioned phone came with a microfiber cleaning cloth. So did my oakleys. Both being prone to scratches and so I took care to treat them with the reverence that the price I paid for them deserves. If I owned a Nano, I would certainly do the same.

        I think if apple should do anything more than replace these nanos, it is that they should print warnings in the manuals about what to clean these with (and perhaps provide a microfiber bag ala Oakly) and send people a link to www.iskin.com (which I've had an iSkin for my 40gig 3rd gen for over 2 years now, nary a scratch on it).

    BTW, I've got a scratch on my powerbook (why aluminum damnit?) and my apple bluetooth keyboard is kinda gummed up from cig ash that sometimes falls into it (YOU SHOULDA SEALED THIS THING, APPLE, DIDN'T YOU KNOW I SMOKE?!?!!?).
    Can I sue apple and end up owning stock as well as get my money back?

    In all seriousness though, this really breaks my heart, to see a company on it's way to making a relative comeback, be so ridiculously attacked for something so frivolous as an MP3 player that gets scratched up.
  • by ClownsScareMe ( 840001 ) on Friday October 21, 2005 @05:06PM (#13847934)
    Well, if you can't read the screen, it's difficult to use the unit.
  • by Jtheletter ( 686279 ) on Friday October 21, 2005 @05:13PM (#13848002)
    There's an article here [invisiblematrix.net] on how to remove all scratches using some Brasso. Sheesh. Also just google for IPOD and BRASSO. And next time people treat it as though it were a tiny delicate piece of hightech equipment - oh wait, it is! I know, I know, people expect these to be like walkmen that can take anything you throw at them, but that is not expressed or implied by apple. C'mon people, the tech revolution has only been in full swing for a bit over a decade, everything isn't super-idiot-proof yet. Remember when we used to treat technology with a fair amount of respect and defference? It still demands at least a little bit. Treat it as though you spent $250 on it, cuz you did. And no, spending that much on something doesn't mean it should be indestructible, it just means it was expensive.
  • ok, I gotta ask... (Score:5, Insightful)

    by RapmasterT ( 787426 ) on Friday October 21, 2005 @05:20PM (#13848060)
    Since when has any consumer product been warrentied against scratching?

    considering that it's not being scratched by the freakin' air, you have to do "something" to it to scratch it. Pay attention, find out what that it, stop doing that. problem solved.

    I'm no apple fanboy, but not a big fan of idiots either.

  • Re:I didnt know (Score:3, Insightful)

    by hackstraw ( 262471 ) * on Friday October 21, 2005 @05:43PM (#13848266)
    I didnt know you could just sue people for releasing a crappy product.

    A visit to the return desk always worked for me.

    A bad or faulty design is not something to sue over unless that design is harmful in some way. Scratches are not going to really negatively hurt one's life compared to say fire, electrocution, decapitation, and the like.

    Hopefully the judge will hear the case, find for the plaintiff, and tell them to return the device to get their money back. Case closed. Everybody wins except the lawyers this time :)
  • by Feanturi ( 99866 ) on Friday October 21, 2005 @06:08PM (#13848481)
    Well, if I may throw some straw on the fire.. I think the point is that in the West we're a bunch of spoiled babies who have no concept of what it means to suffer. We complain about taxes (that build roads, fund schools, feed people etc) that we actually can pay, while others starve with nothing and barely even clothes on their backs. The real question is, are you, as a human being, actually *entitled* to bitch about how 'hard' your life is made by superfluous issues, while others barely survive? What did you do to *earn* the civilization that supports you? Maybe you personally have earned it, I don't know you, but I can assure you that most of the crybabies in our culture have not.
  • by slackmaster2000 ( 820067 ) on Friday October 21, 2005 @06:13PM (#13848524)
    This is a small device that's intended to be pocketed, and it should have been designed to withstand the expected insult. Add to this the fact that the way the iPod *looks* is a huge part of why people want to buy it, and I think this might be a legitimate case.

    If falling autumn leaves were enough to scratch the hell out of your new car, you'd probably be upset with the car manufacturer, and even more upset with people who tell you that you should have wrapped the whole thing in plastic.
  • by DECS ( 891519 ) on Friday October 21, 2005 @06:18PM (#13848571) Homepage Journal
    First off, suggesting "liquid crystal" makes a watch face unscratchable... liquid crystal is the LC in LCD, it's not the face of the watch, it's the display, and there is nothing hard about it. It's behind glass. Pinch an LCD hard enough and that liquid crystal will spooge out and no longer work.

    Even worse is the reply that "sapphire crystals are better for hardening the display" earned a "5 insightful" mod. WTF?

    That's the crystal fragment in the watch's oscillator, used to keep time. If your watch face was made out of a semi precious gem, it would probably be rather expensive.

    http://en.wikipedia.org/wiki/Crystal_oscillators [wikipedia.org].

    What's up with doing free association of ideas and then sharing your brain dump like it's a collection of facts? Sheesh.

    Hardness is also not "inherently expensive."

    In any case, I'd rather have an iPod with a relatively soft plastic outside that scratches, but can be polished, rather than a glass (or wtf, gem) iPod that cracked or shattered.
  • by Monkelectric ( 546685 ) <[moc.cirtceleknom] [ta] [todhsals]> on Friday October 21, 2005 @06:35PM (#13848708)
    I think the point is that in the West we're a bunch of spoiled babies

    Maybe, maybe not. But what the FUCK does that have to do with ipod's? Nothing except they are a luxury.

    The problem I think with your statement is that it implies more or less that having anything is wrong. I work 10 - 12 hours a day in a very tough industry. I pay 42% taxes off the top... at what point am I *ALLOWED* to have an ipod? If im not allowed to have anything, whats my incentive for working at all? If nobody worked then nobody would have anything. So to all of you who like to act righetous about conditions in 3rd world countries ... just remember it takes a LOT of people and a LOT of human energy and commerce to build the comforts and luxuries you want 3rd worlders to have access to.

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