help - ipod dead screen and applecare

[pexe]

my 2g ipod's screen died (sorta like some dead pixels on the screen) about 3 months ago, and i've sent it to an authorized apple service center here in brazil, to which i was later told it could not be repaired and that the only solution for it was getting a new one

i called apple, and got the same answer. nothing could be done, i could only get a new one. then, i went to the brazilian BBB, and was told it wasnt covered in apple's warranty because the ipod wasn't in "good conditions" and had some scratches on it's side.

i wonder who hasn't got "some" scratches on ipod's side and back after 10 months of daily use, even by having it on it's case.. apple said i let it fall many times and that was the cause of it's screen going dead, which ain't true because i took good care of it and wouldn't let a 400 bucks mp3 player fall (i was always careful with my stuff)

funny thing is the warranty was over on nov.7, and i got this apple's respone on nov.10th only... now i guess i will return to bbb to formalize the complaint and take it to consumer court to get it either repaired or a new one..

what other arguments could i use? i thought of getting some reviews that said ipod's easily scratchable , but i can't think of much else to put on it.. could anyone help me?

thanks