iPod Nano Class Action Suit

[macgenious]

apple own's up

Now folks, i'd like to assure you that apple owns up that it's new product respectively known as the "iPod Nano" scratches easily....This is the reason that the new iPod Video ships with a protective covering similar to that of a pair of sunglasses. I don't think that this lawsuit will go far in federal court, however the extremist judges in Northern California may prove me wrong. I think people who scratched their nano should just shut the hell up and stop the whining, if you bought a car and it got scratched at the grocery store would you really be suing the manufacturer? think not.

 

[AP_piano295]

When people say diamond coating is that just a figure of speech meaning very durable or can you actually coat a surface in diamond?

 

[generik]

Find me an iPod competitor that offers the same specs at the same price as a nano. As for quality, yes. It has a nicer screen than anything in its class, a higher capacity, better audio reproduction, a better design, and it can still play music after being run over twice by a car. Got anything in mind with better quality?

Sure, how about a Nano that doesn't scratch when you look at it the wrong way?

 

[matticus008]

When people say diamond coating is that just a figure of speech meaning very durable or can you actually coat a surface in diamond?

You can actually do it. Of course, then Apple's target market would then have to be the Queen of England and Bill Gates. And an iPod would be a tough sell to either.

Sure, how about a Nano that doesn't scratch when you look at it the wrong way?

I'm still waiting for an answer...

(and to answer your question, my nano is fine.)

 

[AP_piano295]

Now folks, i'd like to assure you that apple owns up that it's new product respectively known as the "iPod Nano" scratches easily....This is the reason that the new iPod Video ships with a protective covering similar to that of a pair of sunglasses. I don't think that this lawsuit will go far in federal court, however the extremist judges in Northern California may prove me wrong. I think people who scratched their nano should just shut the hell up and stop the whining, if you bought a car and it got scratched at the grocery store would you really be suing the manufacturer? think not.

If I baught a car that was scratched by the dust in the air while driving I would be suing the manufacturer yes. A product should be able to hold when doing what is desighned for. A car is meant to be driven and not rammed into things. A portable mp3 player is dessighned to play music wherever you go. This means that it should be able to withstand the punishment of being placed in a pocket without being scratched to the point where it is useless (screen scratched to point where it cannot be read). As there is no product requirement to buy a case or screen protector you should be able to keep the product at least useable without one. I understand if you want it to remain imaculate you need a case but you should not need a case just to keep the product useable.

AND WHY THE HE** WONT THIS THING LET ME INDENT???????????????????????????????????

 

[matticus008]

If I baught a car that was scratched by the dust in the air while driving I would be suing the manufacturer yes.

You better hire a lawyer then, because I assure you that that exact thing is happening every time you get in your car. That car you bought even came with scratches to begin with. Sound the alarm!

(And why do you want to indent?)

 

[AP_piano295]

You can actually do it. Of course, then Apple's target market would then have to be the Queen of England and Bill Gates. And an iPod would be a tough sell to either.

can you do it via a process similar to electro plating or does it require you to build a very fine diamond layer and place it on the product that you desire to be plated? I think in all likelyhood that the price of manufacturing would be far greater than the price of the actual diamond. In the modern world even jewl quality diamond is quite common it is simply kept off the market by the company (correct me if im wrong) Debirs that has almost a completely monopoly on the diamond market. They release very few of the diamonds that they actually have in possesion because if they allowed all of their diamonds out the value would fall very very low. Of course apple doesnt really need to use jewl quality diamond just any diamond would work as long as it was clear. They might even be able to use artificially produced diamond Im not aware as to the sucess that is having yet. I think it produces low quality diamond that tends to have a yellow discoloration but they may have overcome this issue.

You better hire a lawyer then, because I assure you that that exact thing is happening every time you get in your car. That car you bought even came with scratches to begin with. Sound the alarm!

(And why do you want to indent?)

What I am saying is if these scratches effected the car to the level that made it hard to see out of the windshield. I belive that these types of problems have happened before and they were very serious issues.

 

[matticus008]

can you do it via a process similar to electro plating or does it require you to build a very fine diamond layer and place it on the product that you desire to be plated? I think in all likelyhood that the price of manufacturing would be far greater than the price of the actual diamond.

In either case, the price is way more than anyone is willing to pay. Creating a synthetic carbon in sheets is possible, but at a price far exceeding its value. Using an aluminium oxide-derivative (sapphire) would be more cost-effective. But even still, far, far too expensive for something as cheap as an iPod.

The other trouble with diamonds (the synthetic type in particular) is maintaining clarity of the crystal. Also, you mentioned discoloration, which is another major issue with the carbon crystals. Polycarbonate is about $9-15 per square foot, but the cheapest sapphire crystal I've seen has been more than $15 per square *inch*. Granted, crystal pricing is a little harder to shop for unless you're a watchmaker. Lexan, anyone can buy in quantity.

What I am saying is if these scratches effected the car to the level that made it hard to see out of the windshield. I belive that these types of problems have happened before and they were very serious issues.

They were very serious issues because they affected safety of drivers and passengers. There was a similar situation (though it didn't get far in litigation) over the early forms of the "magic bright" or "true bright" notebook PC displays, because the glare made the computers almost impossible to use in sunlight (and portable computers would conceivably be used outdoors, they claimed). Another complaint was scratching, actually.

As far as I know, manufacturers gradually used a less glossy finish, but none of the litigous fools got any money out of it.

 

[groovebuster]

Are the scratches documented anywhere with pictures? I want to see what all this fuzz is about... So if anybody hasa a link...

If I put an unprotected plastic item into my pocket, it scratches. Big news!

groovebuster

 

[jjd]

Fellow zealots, not even Apple is perfect

Look, I love Macs. I have three of them and I eulogize about the company, all the time. But it never ceases to amaze me how some of you guys think Apple can simply do no wrong. I have had all 5 Gens of iPod, 2 minis, a Nano and a Shuffle. With the exception of the minis and the shuffle, they have all been absurdly prone to scratching. Plus, three of them went back for defective batteries, and three went back for simply failing to mount. They are exquisite devices and Apple is a visionary company, but anyone suggesting that iPods have not been problematic and are not unreasonably prone to scratching is just kidding themselves.

There are plenty of other, well desgined, small form factor and high use devices that don't scratch like this. One example is the iPod mini. Another is the PSP. Neither of mine have a single scratch. This is simply a question of industrial desgn and chemical engineering. The scratching is out of control and it materially detracts from the pleasure to be derived from a product who's appeal is in part aesthetic.

Furthermore, for Apple to blithely say: "You should have used a case", when they are too miserable to supply a case and when there were not even any 3rd party cases available, is insulting and shows mild contempt for their customers. I am sorry, zealots, but they deserve this.

 

[matticus008]

Look, I love Macs. I have three of them and I eulogize about the company, all the time.

How come you were invited to Apple's funeral, and I wasn't?

I agree with your point that all iPods scratch (the mini less so). But the PSP scratches, too, and so do cell phones. It's not an Apple problem, it's not even just a portable electronics problem. It's an inherent property of plastics and of life. When something harder than something else collides with it, the result is a scratch. It could be a grain of sand or an M1 tank. No practical difference.

 

[BoMo]

Are the scratches documented anywhere with pictures? I want to see what all this fuzz is about... So if anybody hasa a link...

groovebuster

Someone else asked for a photo several pages back, but not one of these people claiming to have such badly scratched Nanos has posted one. If they are out there I want to see it. Until someone can show me what they are talking about, it all just sounds like whining.

And by the way, the Nano is made out of the EXACT SAME MATERIAL as the 4G iPod. I know this has been said before, but it seems to get forgotten. If a new product is made out of the exact same material as an old product, it stands to reason that the new product can't scratch any more or less.

Maybe I am simplifying it too much when I assume that though . . . go ahead then, post the photos of your "scratched beyond use" Nanos and prove me wrong.

 

[matticus008]

Someone else asked for a photo several pages back, but not one of these people claiming to have such badly scratched Nanos has posted one. If they are out there I want to see it. Until someone can show me what they are talking about, it all just sounds like whining.

And by the way, the Nano is made out of the EXACT SAME MATERIAL as the 4G iPod. I know this has been said before, but it seems to get forgotten. If a new product is made out of the exact same material as an old product, it stands to reason that the new product can't scratch any more or less.

Maybe I am simplifying it too much when I assume that though . . . go ahead then, post the photos of your "scratched beyond use" Nanos and prove me wrong.

We've been waiting for pictures for five or six pages now. And outside of this forum, waiting for weeks. There haven't been any. There are some photos of "scratched" nanos on the internet, but mostly they're products of poor lighting and convenient angles to attempt to overstate the effect. And even those are not scratched to the point of being unreadable.

 

[~Shard~]

We've been waiting for pictures for five or six pages now. And outside of this forum, waiting for weeks. There haven't been any. There are some photos of "scratched" nanos on the internet, but mostly they're products of poor lighting and convenient angles to attempt to overstate the effect. And even those are not scratched to the point of being unreadable.

I, too, would like to see some proof. Not because I don't believe that certain individuals have experienced these damages, but I am curious to see the true severity of their claims.

 

[BoMo]

I, too, would like to see some proof. Not because I don't believe that certain individuals have experienced these damages, but I am curious to see the true severity of their claims.

Here's an idea . . .

This thread could easily go on forever. Some are complaining about scratches, while others are saying those people are just whining. Well, let's just not post anything new against the suit. Those with complaints can post all they want, but perhaps the rest of us shouldn't humor them with a response until they produce a couple of photos.

 

[generik]

I'm still waiting for an answer...

(and to answer your question, my nano is fine.)

Oh really? Since you insist I shall humor you then.

http://www.amazon.com/exec/obidos/t...f=amb_center-3_95974701_2/002-7970744-7989631

Value is subjective, and by my book these are all great excellent MP3 players... way better than the Nano because they actually go into the pocket, and live to tell the tale.

Oh, and look at the customer reviews. PLENTY of satisified customers! Unlike the Nano, where everyone is complaining about scratches to the point that Apple needs to be sued in order to get them to listen.

Btw, I have a 4G, and I cannot imagine my unit going around without its foofbag.

The day when another brand comes out with a FLAC compatible device will be the day when I junk all my iPods on ebay.

I don't care about YOUR nano, fact of the day is nanos do have kualeety issues. It is all around, people like YOU are refusing to listen.

I personally don't care, but I certainly would appreciate a higher quality product in the marketplace.

Don't get my ownership of an iPod wrong, the only reason I use it is because it supports Apple Lossless; I don't like to rerip my collection from time to time. I don't give two hoots about its "oh so cool" design, nor do I walk around advertising my "originality" with those cheapo white earbuds that don't even reproduce a hen properly.

And please don't make me laugh, "good sound reproduction"?

http://ipodlounge.com
http://headfi.org

Heck, read one of my earlier posts on this thread. I actually owned a dud set that had real obvious issues, which Apple (as usual, what else?) denies. I did notice them quietly fixing it subsequently.

Hmm, honest corporation indeed!

 

[matticus008]

Oh really? Since you insist I shall humor you then.

http://www.amazon.com/exec/obidos/t...f=amb_center-3_95974701_2/002-7970744-7989631

Value is subjective, and by my book these are all great excellent MP3 players... way better than the Nano because they actually go into the pocket, and live to tell the tale.

I don't see any 4GB flash players for $250. In fact, I don't see any 4GB flash players. I don't see any players the size of the nano in any capacity. I don't see any player that is as physically strong as the nano. And almost all of those players have worse sound than the nano, which is consistently reviewed as one of the best-sounding players on the market.

So in other words, I'm still waiting for a better product for the price. And I'm still waiting for someone to demonstrate the supposed problem with the nano that makes it somehow worse than any other glossy plastic product.

Oh, and look at the customer reviews. PLENTY of satisified customers! Unlike the Nano, where everyone is complaining about scratches to the point that Apple needs to be sued in order to get them to listen.

There are over a million satisfied customers of the nano who haven't made a single complaint. I don't see any relevance.

I don't care about YOUR nano, fact of the day is nanos do have kualeety issues. It is all around, people like YOU are refusing to listen.

I personally don't care, but I certainly would appreciate a higher quality product in the marketplace.

Really? Because as an owner of the nano, myself (and many others like me) have had no particular issues with the nano. I suppose you're qualified to talk, though, seeing as though you don't own one and only have other people's unsubstantiated claims to go by. You're saying that everyone has nano problems. I don't, and MOST people don't, either. But you don't care, because you just want to stir up some trouble without having experienced the supposed problem. That's no better than the lawyers who want a share of nano profits.

You're basing the "fact" that nanos have quality issues based on someone's hysterical claim you read on the internet. Meanwhile, I suppose it's very convenient to ignore a counterclaim, so I'm not surprised you don't care. What about the physical strength or capabilities of those other players you linked to? Would any of them survive being run over by a car? I doubt it. The iRiver I tried would shatter if I stepped on it, which I wanted to do by the time I figured out what all the ridiculous controls did and where everything was hiding.

The nano is a much higher product in workmanship and component quality than the other players I've seen in its class. Scratches on plastic are a fact of life, not a quality issue.

 

[semitia]

Imagine sueing every company that ever made a product that scratched. hmm, where should i start? Ferrari, Bulgari, Boeing?

 

[devilot]

Imagine sueing every company that ever made a product that scratched. hmm, where should i start? Ferrari, Bulgari, Boeing?

But I think that the premise here, is that the people suing are claiming that the scratches have now rendered the nano dysfunctional. The case isn't just saying, "Boo, my new product now looks ugly," although it probably is exactly that-- their justification is that somehow their scratches have gone above and beyond cosmetic blemishing.

 

[matticus008]

But I think that the premise here, is that the people suing are claiming that the scratches have now rendered the nano dysfunctional. The case isn't just saying, "Boo, my new product now looks ugly," although it probably is exactly that-- their justification is that somehow their scratches have gone above and beyond cosmetic blemishing.

Right. So far, however, a totally unsubstantiated premise.

 

[devilot]

Right. So far, however, a totally unsubstantiated premise.

W/ my scratched but still 'fine' nano in hand, I salute you and thoroughly agree w/ you and previous posters. I'm interested to see the nanos of those filing suit. What if my nano were to qualify?

 

[matticus008]

W/ my scratched but still 'fine' nano in hand, I salute you and thoroughly agree w/ you and previous posters. I'm interested to see the nanos of those filing suit. What if my nano were to qualify?

And I salute you with my nano in hand! Waving it through the air might scratch it, though, so we should be careful. I wonder how many people that join the suit are just opportunists hoping for a free nano, and how many actually believe the nano is made of putty.

You'd think the internets would be able to provide a picture by now. (Photoshoppers, start your engines!)

EDIT: Actually, I rather like this one. This is from Ars Technica, after the iPod had been dropped six times from varying heights and speeds, and also it had been run over by a car. If the display were still working, it would still be readable.

 

[myca]

Apple should have included a case!

As a proud owner of a 2G 10GB iPod (I got one before they were even cool ) I honestly think Apple should include a li'l case with the nanos, hell my 2G ipod came with a case, sure the belt clip broke but did I sue them? Did I f**k, that belt clip took a beating, just like my iPod has, and yeah it's got a few blemishes and scratches, but after years of use what do you expect, even my G3 iBook has scratches its been so abused (I only wish apple would give me a new one for my troubles).

My sister actually just got a nano and it looks fine, but I bought her a pack of tubes anyway cause those sleek shiny white fronts can only take so much. Maybe if apple were a little less tight fisted and gave you a nano tube for free they might not be getting as much stick as they are now.

 

[mklos]

Ok, don't get me wrong here...I'm a full blown Mac person, but Mac users are the biggest bunch of whiners I've ever seen. To me, A PC user with an iPod is a Mac user to some extent. This iPod Nano thing is the biggest bunch of crap I've ever seen. So what, it scratches. Apple never guaranteed that it wouldn't. I have some minor scratches on my 1yr old 2004 Dodge Stratus R/T Coupe, does that mean I can sue Chrysler and get it fixed or repaired for free? No!

Another point to make...

Do those scratches make the Nano not operable? Does it make the music play any different? Does it make it skip? No to all of the above. So I don't see how Apple can lose this lawsuit. I would say it will get thrown out and it will never actually go to court. I hope that the people doing this class action lawsuit will be nailed for a frivolous lawsuit and made to pay all court fees.

I'm so sick of people suing Apple for stupid crap like this. All it is, is a very dirty way to gain money and pride. Sometimes I wish our legal system was different...The way it is now, it kinda sucks!

And I salute you with my nano in hand! Waving it through the air might scratch it, though, so we should be careful. I wonder how many people that join the suit are just opportunists hoping for a free nano, and how many actually believe the nano is made of putty.

You'd think the internets would be able to provide a picture by now. (Photoshoppers, start your engines!)

EDIT: Actually, I rather like this one. This is from Ars Technica, after the iPod had been dropped six times from varying heights and speeds, and also it had been run over by a car. If the display were still working, it would still be readable.
View attachment 33239
View attachment 33240

I will add to this that this iPod Nano works perfectly fine other than the screen not displaying anything anymore. I believe even the click wheel still works to some extent.

 

[mcadam]

You'd think the internets would be able to provide a picture by now. (Photoshoppers, start your engines!)

EDIT: Actually, I rather like this one. This is from Ars Technica, after the iPod had been dropped six times from varying heights and speeds, and also it had been run over by a car. If the display were still working, it would still be readable.
View attachment 33239
View attachment 33240

That's pretty amazing - the only pics of a scratched nano in all of googledom are these. Ridiculous actually, that none of all the people suing apple has posted a single pic on the net. And that of all the journalists who've been writing about the problem, none have seen a picture!!!

A