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25 Oct 2005
Apple is adamantly refusing to comment on the class action lawsuit launched against the company in the US concerning allegations of design flaws in its iPod Nano media players.
The suit contends that Apple was fully aware of problems with the " defectively designed" Nano before it was launched but decided to go ahead anyway.
Users have complained that the screens crack very easily and are very poor at resisting scratches.
"Although [the] defendant knew that there were problems in the design of the Nano, the defendant did not recall the defectively designed Nanos waiting for sale to other consumers," said the filing in the US District Court in San José, California.
"Instead the defendant permitted class members to purchase the defectively designed Nanos and pass the expense, hassle and frustration of replacing the defectively designed Nanos along to class members."
The suit asks for compensation, punitive damages, all legal costs and part of the profits from Nano sales.
The suit was launched by Jason Tomczak, who claimed that he would not have bought one of the media players had he known about the defects.
In the filing Tomczak points out that advertising for the Nano featured Apple chief executive Steve Jobs carrying the media player in his pocket.
But the filing states that even carrying the Nano in the same pocket as the earphones quickly renders the screen so scratched that it becomes unusable.
Apple has acknowledged problems with the Nano, claiming that "less than one-tenth of one per cent" of stock was fitted with screens that were too weak and prone to cracking.
But it has denied that the screens scratch easily, saying that they are made of exactly the same material as the iPod Mini, which the Nano replaces.
The suit counters by saying that, while the screen may be the same material, there is a protective layer of resin on top to protect against scratches. This was much thinner in the Nano than with previous models, which explains why the screen scratches so easily.
An article in the Wall Street Journal Online seemed to confirm elements of the problem, with the Nano reviewer saying that no other media player had ever become so scratched so quickly.
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Do you agree?
Scratches so easily
Do not take the nano out with you if you don't have a case! The first day that I got it, I went out with my friends. I decieded to bring it with me. When i was done listining to it, i wapped my headphones around it. The nex time I took it out, I saw many scratch marks, and 2 big scratch marks. I was so pissed. I was not running around or anything. I was just walking around. So take my advice. Do not buy this device unless you have a case for it. Even if you do not have the headphones in the same pocket, it still scratches.
Posted by: Ryan 22 Jan 2006
Don't be angry
Dont be angry because you are without an ipod. It is hands down the most user friendly, and stable mp3 player on the market. Apple is a leader when it comes to innovation, design, and stability. Apparently someone as stupid as you can't see that. Maybe you should open up one of those "windows" you seem to be looking through and look at the other side.
Posted by: Ryan 17 Jan 2006
Apple - what were you thinking?
I?m an Apple stock holder and am disappointed by the way the company has treated customers who purchased the iPod ?Nano?. Apple has one of the highest levels of customer loyalty around, largely due to the care with which its products are designed and manufactured, but the Nano seems to have been rushed into mass production simply to maintain sales momentum in this fast moving sector. Apple products undergo extensive ?real-use? testing, therefore I am sure that Apple was aware that the Nano did not match the durability of other ?iPod? models. Apple?s attempt to avoid responsibility for the Nano ?mistake? -- thus forcing consumers to pursue their rights in court -? does not sit well with Apple?s image. Apple should remember that most Nano purchasers have never before purchased an Apple product. Amid soaring profits and a great outlook, I can?t fathom what Jobs (Steve Jobs, C.E.O.) was thinking when he decided to penny-pinch his newest customers. I hope that dissatisfied Nano purchasers will be compensated appropriately (and swiftly), and that they will choose to give Apple another chance.
Posted by: Annoyed Stock Holder 21 Nov 2005
Nano nano boo-boo...
...stick your head in doo-doo. Hey morons, I have a few things to clear up: 1) The term is "smart Alec". 2) Things get scratched. 3) Seriously, if you rush out to buy an expensive and completely unnecessary gadget before word could even get out that it's crap, then you deserve whatever you get. Here's hoping this case goes nowhere.
Posted by: Travis Curr 05 Nov 2005
Apple employees obviously posting these comments
I did have a Nano (for only one week). It sustained several major scratches after one airline trip. I've had a mini for over one year with ZERO scratches--and I don't use a case. A $249 portable device should NOT be fragile. These comments are definitely coming from Apple. Their cover-up scheme will end up costing them 10 times more money if they would just admit fault. The CompUSA store said they were not aware of this problem when I returned my Nano. Yeah sure.
Posted by: Steve Sanders 03 Nov 2005
SMART ALIKES LIKE YOU...
Wow, it's amazing to read all of the comments that people put that don't have an iPod nano but definetly have a opinion. No S**T electronical devices are delicate and you need to take care of them, people who have one aren't stupid if their iPod scratches or has a defect. WE"RE NOT BEING COMPLAINERS HERE... Why don't you smart alikes out there go and buy one yourself and then you'll see. I had my iPod for five days and it looks like 5 years old already. I have been EXTREMLY careful with my iPod nano, I assure you of that. It's covered in scratches and the songs skip. The only place the my iPod has been is either in my hands or in my EMPTY, yes empty, pockets. I can't beleive the way it looks. It's ridiculous! I wouldn't spend all that money on it just to be reckless and careless with it, I'm not STUPID. It makes me so mad to hear all the smart alikes out there.
Posted by: Giustiniani, C 28 Oct 2005
Stupid Case
This is just a poor excuse to try to get money because you were careless. Half of the people suing probably put it in their pocket with change and keys etc. All plastic things scratch look at your cell phone. My friend has had a nano since it came out and his screen is still easily readable. If your not going to take care of a $200 product then by a $20 case
Posted by: stan letto 27 Oct 2005
Simple Solution
Easy, if they got a warrenty from the store that they bought it from that covers the screen, just get it replaced. If they didn't, then bug Apple about it, if your not an A$$ about it, they might give you a new one. This is a design flaw yes, but it doesn't have to become a lawsuit!!!
Posted by: Chris 27 Oct 2005
NANO is defective
I purchased my ipod nano, on the first day it was avalible along with countless others. A fter a mere 10 minutes of placing my ipod in my empty jeans pocket the front had become soo scratched that i could barely read the screen. This problem should have been adressed by apple immediatly, and now they are trying to deny their faults.
Posted by: Brandon 27 Oct 2005
What a crock of...
This is the single most idiotic lawsuit I have ever heard. Only in America.
Posted by: Paolo marcus 26 Oct 2005
Business A Usual
Apple has been making great-looking sub-standard products since Jobs returned in the late 90's. I was foolish enough to buy the first PowerMac G3, which was the worst, buggiest, p.o.s. I've ever owned. I recently bought an ibook (for my wife, she insisted), and it came broken out of the box. Their supposedly 'great' customer support is widely known as some of the worst in the industry ($25 restocking fee for returned Nonos? Ha!). Sure, they have a great product design department, embrace some progressive ideas (digital distribution rights), and know how to market, but they're no different than Microsoft; they're a corporation focused on the bottom line. I'll do without their flashy (and architecturaly flawed) OS, shiny gizmos and high-end video rendering software; they don't care about the consumer investment in peripherals and software. Fine if you have a production house, and you can write off the expense. Not me!
Posted by: Bill 26 Oct 2005
ipod nano
They just find ways to have cheaper prods. take your toys with care.
Posted by: deto 26 Oct 2005
no problems here
well i and my friends all have nanos and have no complaints this is just someone trying to make money and or causing problems.. i have seen tests with them thrown from a car at 30 mph and still ran.. sure there was scratches but still going a readable.. and lets face at the end of the suit they want money from the slaes of nano's that there tells me alone that this is just some greedy person out to make a bunch of money.. get over it.. whats a scratch or 2 anyway
Posted by: slipstream 26 Oct 2005
make eye contact, and its scratched
I love this thing. Its a great player, but its all true. It scratches way too easily. I have taken proper care of mine and its still scratched. After having it for five days I placed a protective layer over the screen and now its ok, but still scratched from those five days. A lawsuit is totally reasonable in this case, especially since Apple has admitted that materials used are subpar. 'Allowing' us to buy protective sleeves for thirty dollars doesn't make it any better. I'm happy with my Nano, but Apple should make some attempt to better this situation.
Posted by: Johnny L 26 Oct 2005
nano
Some of you guys must not have defective iPods. When you spend $250.00 on something you expect it to last. I take very good care of my iPod- never lay it on a hard surface, make sure it's the only thing in my pocket- I can barely see the writing on the screen after only having it for a month. I think, at LEAST, Apple should replace the defective ones.
Posted by: AP 26 Oct 2005
Take responsibility and wake up worker bees
It is always someone else's fault when something breaks. People need to take responsibility for the care they give to fragile electronic products. My ipod nano is just fine because I take care of it. God forbid you did something to cause it to break because that is just not possible. Come on, it's smaller than a business card, what did you expect? Shell out the $20 bucks and get a case, cheapskates. And you should not be surprised that a company doesn't make something as durable as it could so they can make future profits off replacements and repairs. If you don't appreciate companies doing that, then Apple is the least of your worries. Where's that light bulb that never goes out, or a car engine that never needs a tune-up. Wake up citizens, you're country is under siege by corporate greed...and you are blind to it because that is what they want....you are just a worker bee.
Posted by: E.R 25 Oct 2005
It's All About Innovation!
I don't care what anyone says... The Nano is the coolest MP3 player out there. And if I'm not mistaken, the PSP also scratches?! M
Posted by: Marco Star 25 Oct 2005
You have got to be kidding?
Apple was sued for the fact that rechargeable batteries wear out! HELLO! We have known that for decades! Anyone with a laptop can tell you that after 3 years your battery does not work as well as it did. But it is not about years it is about numbers of charges and discharges and people charge and discharge their iPods more than people charge and discharge their laptops. Oddly there are other external forces like heat that can damage them too. So to make the problem go away Apple gave a $50 coupon to people who are willing to act surprised that batteries wear out. Now someone says the Nano scratches excessively when rubbed with a paper towel. And states that the reason for this is that the protective coating is thinner than it is on the other iPods.......WAIT A MINUTE! If he said that deep scratches caused more damage because you broke through the protective covering (which is thinner) I get it. But If you have 5mm or 5 feet of protective covering and it can be scratched with a paper towel... They can both be scratched with a paper towel. Sure, you could buff out the 5 foot one more times but that is not what this is about. The press keeps repeating that Apple knew about the defect when Apple still to this day states it is not a defect. Some lawyer is going to make $100 Million and consumers will get a $25 gift certificate again and iPods will cost $35 more than they would have to cover the costs. Admittedly this all assumes that Apple didn't lie about using the same quality materials as those in other iPods, but if that is the case I hope there is a counter suit against these guys for liable.
Posted by: doug 25 Oct 2005
Where do I sign for this lawsuit?
I just bought a nano about a month ago and I can totally agree its scratches way too easy. I?m so mad for falling into the Apple Ipod Frenzy!!
Posted by: Robert 25 Oct 2005
Fragile Nano? Not according to this...
Got a nano recently. It's taken a few a bouncy trips in my backpack and seems fine, though I am trying to treat it pretty gently where possible. Came across this review describing what it took to intentionally destroy a nano. If this it to be believed, it's a pretty sturdy device. http://arstechnica.com/reviews/hardware/nano.ars/3 That doesn't mean there aren't defective ones, or that the thing isn't prone to unattractive scratches, but I seriously doubt the sweeping accusations of this potentially highly lucrative class action suit.
Posted by: mattmchugh.com 25 Oct 2005
Well in my opinion
I am someone who uses Windows machines exclusively but I do have an iPod as does my wife. I think they are great. Having said that, everything I have ready indicates that this product is defective, and that raises an issue. If this were a Microsoft product people would be screaming bloody murder that Redmond is once again the evil empire. The fact is that Steve Jobs has just as big an ego as Bill Gates does. If you get a chance to catch a made for TV movie "Pirates of the Silicon Valley" it clarifys this wonderfully. I admire both of there, nevertheless.
Posted by: Cub Fan Al 25 Oct 2005
Waaah, I don't take care of my toys!!!
Some kids never did learn to take care of their toys, mummy and dada would get them new ones to quell the tantrums. Now the lawyers are trying to wheedle in on the success that is iPod in support of these whiners, hoping to line their pockets with geld so they too can scratch up their toys. Children, take care of your toys or they'll break! No one makes indestructable MP3 players. Grow up, own your mistakes.
Posted by: Steve 25 Oct 2005
Adamantly Refuses?
Since when is a defendant in a lawsuit in the United States of America required to offer up comment to the media on pending legal proceedings? This article is a poor escuse for journalism. Shame on you for wasting electrons and including it in your website.
Posted by: Jules Lauve 25 Oct 2005
I have one
I was very careful and the screen is scrached beyond belief!
Posted by: Keith Watkins 25 Oct 2005
What an idiot
Why do we allow our court rooms to be used for this sh*t. Some idiot had to be the first person to have the New! ipod. Well.... you got it. If you can aford to buy an new ipod you have more money than most. A fool and his money ...... Steve Jobs Rocks.....
Posted by: a taxpaying American - get used to it 25 Oct 2005
uh-oh
My brother is getting the nano for his Bday......I hope it works fine!
Posted by: Sen 25 Oct 2005
Disappointed MAc User
As a hardcore Mac user, I am very dissappointed in the way Apple has handled ALL issues regarding the iPod, iPod Mini, and Nano. They were fully aware of the defective batteries in the iPods and FULLY aware of the problems with the Nano screens...shame on you Mac. We supported you during terrible times and you adandoned us when we needed you...and it was your fault!
Posted by: Jeremy J 25 Oct 2005
Greedy consumers
Fuzzy, greedy consumers. LOL. I just bought my BMW330 a week ago and now it's not as shiny anymore. My previous car did not resisted dirt before. Now I have to sue BMW for selling a defective car. LOL
Posted by: alFuzzy 25 Oct 2005
This lawsuit is absolute rubbish
Lets get it straight - this is not a class action lawsuit. There is only one person who has coimplained. It is amazing he has managed to create so much media publicity. It makes one think that maybe there is someone bigger behind all this - maybe M$ trying to stir up problems whilst they try and sort out all the problems with Windoze. It is amazing that the media is so uncritical in reporting these stories. Not one critical questin or analysis. Just regurgitating Redmonds negative spin and FUD. And by the way - my 4GB white Nano has no scratches on it - I just look after it like all the gadgets i treasure!
Posted by: RobM 25 Oct 2005
boo hoo
Hey Jeremy: wah, wah, wah, wah wah wah wah! If you don't like the company's business behavior, don't buy its products. Isn't that simple enough for you? And vnunet.com, do at least a pathetic attempt at journalism and pretend that integrity matters to you. This is one nutty person trying to initiate a class action suit for his own profit. He wants a portion of iPod revenues? WTF is that? At the most, he should get his money back and take his business elsewhere.
Posted by: Doug 25 Oct 2005
Stupid People - Stupid Problems
I undestand that the the people who purchased an iPod nano and tried to carry it in a pocket with other items had the "unexpected" result of having the plastic of iPod nano becoming scratched up. Wake up morons! The iPod nano and it's larger cousins are made of PLASTIC and highly polished stainless steel. You need to take care of it. Would you do the same with your polycarbonate (plastic) eyeglasses? If not then you have only yourself to blame. Steve Jobs was only SHOWING the size of the iPod nano when he pulled it out of the change pocket of his jeans. He was NOT endorsing or implying you SHOULD carry there. I'm sick of people complaining about their own stupidity. A cell phone without a case will scratch just as easily! I have to assume your cell phone is barely usable as well. I own an iPod nano which has worked perfectly for me. I have a "nanotube" to protect it (I used the plastic it came in prior to that). This is my 5th iPod and I love it. I take care of my equipment. I hope the people who filed the class action lawsuit are handed their hats and told to go home.
Posted by: Fed Up 25 Oct 2005
Article Error
Apple does not say that the Nano is made of the same material as the MINI, instead they say it is made with the same material as the FOURTH GENERATION IPOD.
Posted by: Nano User, Yes it's scratched really badly. 25 Oct 2005
complaint source
Where can we review these claims and issues regarding problems iPod users have faced ? Websites? Blog(s)? Listservs? Thanks.
Posted by: Curious User 25 Oct 2005
Not indestructible
These are expensive, delicate pieces of electronic equipment. If you think you can just sit on them, drop them and let them rub up against keys without getting a scratch, well you're having too high of expectations. People need to chill out and take care of your equipment. It's like, 'Uh oh, my powerbook fell off the table and has a dent, let me sue Apple for my being a klutz.' Give me a break!
Posted by: LM 25 Oct 2005
It's Amazing
How GREEDY Apple has become. They have little to no regard for customer satisfaction. All they are concerned with is making as much money as they can. As if stealing technology from Creative Labs wasn't low enough, now they purposely sell defective products. A big SHAME ON YOU.
Posted by: Ida Noh 25 Oct 2005
apple
They offered to replace the damaged ipods already. As similar with their battery replacement program for not just ipods but laptops who had defective batteries. Apple is doing everything just fine.
Posted by: Bilbo Baggins 25 Oct 2005
How to you treat your sunglasses?
We all buy these electronic devices that have screens--whether they be phones, PDAs, or music players. Why do you think the screen would be 'perfect' and not be prone to scratching? Cut out one of the MANY plastic films available for Palms, PDAs, etc. and put it on your nano. I do that for all of my electronic devices. I bet you don't carry your sunglasses around in your pocket with something that could scratch them. Why would you place a more expensive electronic unit with a screen in the same pocket as the earphones? Just because someone else does? Perhaps we, as users of electronic equipment, should be more careful with our equipment. Counsel
Posted by: Counsel 25 Oct 2005
Confusing two different things:
There are/were two issues being reported on the nano. 1. Some people said their screens magically exploded/cracked. Apple said, yeah, it is a vendor problem and that is the 0.1 of 1% thing. 2. Some people are saying they loved their nanos, put them in a sock, kept them safe, looked at them wrong, wiped them with a paper towel etc......and the outer covering became so scratched, they could not longer use/see the screen. To that apple said, we use the same setup for covereing the screens as previous generation iPod and we are not seeing any widespread scratching. (grain of NaCl)
Posted by: RatPH1nk 25 Oct 2005
absurd
Apple has acknowledged the problem and will replace Nano's at no cost to their customers. Waaaaa waaa waa. stick a nipple in it...
Posted by: Lars 25 Oct 2005
Yeah... Fully aware
Fully aware, as anyone should have been, that a device with a clear plastic faceplate can be -- oh noes -- scratched. Fully aware that, as small and light as they are, if you sit on one, it might break. There's no crime here. This suit is ridiculous. Sorry the nano isn't a pack of gum. It's an expensive, shiny electronic device, and should be treated as such.
Posted by: deet 25 Oct 2005
shame on you Apple!
as the previous poster said, we can't help but feel betrayed. there was a big stink about the original iPod's short battery life (and unreplaceable battery which required a factory return and a $100 service charge). now this! the days of Apple being the underdog you love to root for are over. they've become a smug, complacent company and poster child of the hipster generation and excess. if this is the direction Apple is heading, count me out.
Posted by: zi 25 Oct 2005
Get a protective cover dummies!
I'm sure there are many available covers as well as screen protectors. If you are not smart enough to protect your $300 investment then you deserve what you get. Just another frivolous lawsuit that will fail.
Posted by: Happy Nano owner 25 Oct 2005
I Pod Nano
I bought the Nano on my birthday on October 4th and went back to the store on October 10th telling them that the Nano was defective as it had scratches on it. I was told that because i have not bought the 3 year warranty covergae they cannot do anything . However when i told them that i had a 1year coverage that came with it they said they cant do anything . I love the gadget , but within a weeks time it seems as if it is 10years old because of the scartches
Posted by: Bonnie 25 Oct 2005
Whatever
Come on....a class action lawsuit? This sounds like someone who slips on purpose at a supermarket and then tries to sue. A strongly worded complaint letter would have solved the problem. Any cmpany when it comes out with a new product will have some design issues. When Apple has a problem they have been very ready to make ammends at no cost. Why it was different this time I do not know. I think the persons involved in this lawsuit are wasting time and taxpayers money. Their case should be THROWN OUT and if it were up to me they should be shot.
Posted by: DC 25 Oct 2005
Ipod
I'm a proud owner of 3 ipods. I have taken care of them and always kept them is a protective case. I feel this is nothing more than a "few" individuals that are whining and snibvelling about sometrhing that is their own fault. Once the lawyers are involved they are only out for themselves. They could care less about the product, the company or the customer.
Posted by: Johnny Turner 25 Oct 2005
Mac Trash
Who in there right mind would buy one of these instead of a PSP anyway? PSP - Mp3 compatable PSP - PSP video game compatable PSP - UMD Movie disk compatable PSP - Expand memory with memory sticks (they have them up to 4gigs now and you can carry several. Ipod - Proprietary Imusic compatable? Ipod - upgrade memory by purchasing new ipod with more memory? The price is pretty close on both devices. The choice is clear.
Posted by: Mac Trasher 25 Oct 2005
Are you kidding me?
Are you kidding me? You can't expect perfection. The end.
Posted by: Kortni 25 Oct 2005
Incorrect! PLEASE CHANGE!
You say in your article that apple claims it uses the same materials in the nano that they used in the mini. This is completely false. Apple is referring to the material used in the REGULAR white ipod, which by the way is just as prone to scratching as the nano is. The reason this mistake should be changed is because the mini actually used aluminum for its casing and was very scratch resistant, so it would be very fool hardy for apple to claim it uses that same material for the nano.
Posted by: Mark 25 Oct 2005
Apple deserves what's coming to them.
While the iPod styling is top-notch, the quality of iPod technology is simply appalling. Worse yet is Apple's willingness to market iPods as rugged go-anywhere devices for people with an "active lifestyle". IPods screen, even older ones prior to Nano, are notorious for scratching, fading, cracking and leaking chemicals -- AND APPLE WON'T REPLACE THEM. Similarly, the thin metal back dents **very** easily, even if you just carry your iPod around in your pocket with a set of keys and some change -- and yet any dent immediately invalidates your warranty. None of this would be a problem if Apple's customer service organisation was generous about replacing failing iPods -- but that is not the case. My son bought a 40gb device with his own money, and it died (as in no lights, nothing) after just 3 weeks. iPod service browbeat him and treated him like a liar, claiming the scratches on the back were evidence that he abused the device, and they insisted on $250 to repair it. They would not allow us to talk to managers or appeal the decision in any way -- when it comes to repairs, Apple appears to have strict company policy to admit no quality problems, and force the customer to pay for everything. I believe Apple assumes they can get away with marketing a shoddy product like the iPod and providing poor product support because iPods are so hot right now. They are of course, correct. For every teenager who spends their birthday money on an iPod, probably they're first major purchase, and gets their heart broken when their iPod dies, 10 young fresh-faced suckers await. Four billion in sales this year, 70% of which comes from iPod and iTunes, Apple's taking the "never give a sucker an even break" concept right to the bank. Really disappointed in this company. "Think different", my ass.
Posted by: disappointed iPod owner 25 Oct 2005
Apple's response insufficient
Actually, I (and I'm sure a number of other people) have tried reaching out to Apple directly after my Nano got scratched in less than a day. Apple's response? "You should've taken better care of it." The Nano was not my first iPod and I have never had the same problem with the other iPods. Had Apple handled this issue responsibly and acknowledged that there was a problem instead of shifting the blame to their customers, they wouldn't be in this position in the first place
Posted by: Alisa 25 Oct 2005
The Lawsuit Seems Justified
I had a Nano for about 4 days before I decided to return it for the new video model. In the 4 days I was too scared to take off the plastic packaging because I had heard so many horror stories. The little unit was incredibly fragile, but just as chic as the advertising made it out to be. Within a few minutes of finally peeling off the plastic I noted a scratch, it made me very angry. The good news was the Apple store took it back with the modest $30 restocking fee.
Posted by: Kevin 25 Oct 2005
Apple is crap
Apple has always produced flimsy products. their MP3 players, the IPOD, the IPOD mini, and the IPOD Nano, have all been fragile peices of popular sell-out technology. Go for a PSP or at least a Creativ Nomad if you want a decent MP3 player.
Posted by: Kev 25 Oct 2005
Problem is real
I have three friends including myself who all purchased nano's. Three of the four were purchased in different cities around Texas, yet every one is defective. If only one tenth of a percent were affected it would be impossible for all four of the nanos to be defective. Mac is clearly lying. It seems like they were just trying to uload the Nano's before the advent of the new video ipod. I guess that marketing strategy goes down hill when you are slapped with a lawsuit! God bless America!
Posted by: Jeff Davis 25 Oct 2005
Mac Trasher is an idiot
>>Who in there right mind would buy one of these instead of a PSP<< Someone who wanted a small light music device that could store more than a single CD worth of music? >PSP - Mp3 compatable < iPod is MP3, MP3 VBR, AAC, WAV, AIF, Audible (2-4), and Apple Lossless compatible. >PSP - PSP video game compatable < Got me there >PSP - UMD Movie disk compatable < Nano does not play movies but the iPod does and is Mpeg4 and H264 compatible (standards). >PSP - Expand memory with memory sticks (they have them up to 4gigs now and you can carry several. < Sure but the best price i can find on 4 GB of memory is $50 more than a 4GB iPod Nano. Add in the cost of the unit and we are over twice the price. >The price is pretty close on both devices. Ya, if you want to compare a 32MB to a 4 or a 30GB device, they are about the same. COME ON! These are different devices pointed at different users. Get over it. Weren't we talking about scratches?
Posted by: doug 25 Oct 2005
Nano
This must just be one of the ways that competitors are trying to attack Apple. Yes they are the leader in technology, service and support. As a matter of fact they have offered to replace the Nanos that have these problems (not very many of them at that) and if you own a portable device you know that they get scratched unless you protect them. Buy a skin cover or put it in a babies sock. Is it really worth filing a class action suit?
Posted by: Shain Jimeson 25 Oct 2005
We Aren't Whining
Well this is how it goes. After a week of having my iPod nano, the same thing happened. I was rather ticked off and i went to buy the protective cover for it but guess what, They didnt sell them yet. We aren't a bunch of irresponsible individuals that don't take care or our posessions. We were mislead and we deserve to be refunded for this misleading purchase.
Posted by: Dan Serna 25 Oct 2005
Fact checking is a good thing.
iPod Minis were made out of the same aluminum that the Powerbooks are made out of, iPod Nanos are covered in the same type of resin (accrd to Apple) that covered the 4G iPods.
Posted by: Ben 25 Oct 2005
Yet another frivilous lawsuit
Refusing to comment about a pending legal action is hardly stonewalling, it's good legal practice. The headline makes it obvious what side the writer and/or publisher is taking. I've had my nano for 3+ weeks and it has no scratches on it whatsoever because I've taken care of it appropriately. Apple is not responsible for the mishandling of their devices by purchasers. And you'll notice that Steve didn't pull it out of his pocket, he pulled it out of the little sub-pocket just above, which certainly didn't hold his keys, headphones, or anything else that could scratch the nano. Even if Steve had pulled the thing out of a sack of broken glass and steel wool, that doesn't mean the purchaser should do it. If Steve jumped off a bridge, would you?
Posted by: Common sense 25 Oct 2005
It's not limited to the Nano!
I bought the video iPod, and after owning it for 2 days, and excercising extreme caution in how I handled it, scratches have appeared on the screen. The only thing that I can think of is that the headphone cable itself scratched the screen while it was in the pocket of my wool coat. Personally, I think this is attrocious. I paid 500 bucks for the thing, and to have scratches appear on it in under a week is indicative of a serious design flaw. I still love the thing, but I think that Apple should step up to the plate and admit that something's wrong and do everything in their power to rectify it.
Posted by: Mike 25 Oct 2005
Are you kidding me?
Just because there are problems with a product does not entitle you to a class action to sue for damages. Especially when the manufacturer has offered replacements, etc to fix any problem with the product. I have REALLY tried to be against tort reform... but geez.
Posted by: Jeff 25 Oct 2005
Same Problem in NC
Having the same problem with my Nano in Raleigh, NC.
Posted by: Bukusu 25 Oct 2005
It's True!
I have had my Ipod Nano exactly 1 DAY, and i have been exceedingly careful with it, yet the screen is already very scratched! For a device that is supposedly intended to be used for viewing photos as well as listening to music, this is simply unacceptable. As an owner of numerous other expensive apple products, I am sure they can afford to remedy this problem.
Posted by: john kurtz 25 Oct 2005
Bring back the record?
With all the disposable junk on the market, such as: PDA?s, PSP, MP3?s, the old iPod, old cell phones, etcetera ? let us go back to something that, at the very least, can be recycled. The vinyl record! To hell with all this portability stuff and let us live unencumbered.
Posted by: twheid 25 Oct 2005
rip off
I have a nano that is 30 days old and covered in scratches. Apple's suggestion was to spend more money on a cover. I have never seen a consumer electronics product depreciate this quickly.
Posted by: Tom P 25 Oct 2005
beautiful apple ,scratch off beautiful
i do agreee, with poblem my nano on same day of purchase i notice scratches,on chrome, so i had put clear tape to protect the nano i pod. it took away the sleek look. another thing , everthing that is needed for the i pod nano, is a la carte, that stink, i hate to pay 34 dollars to protect the casing, when the fault is do to the manafacturing.
Posted by: luciano miceli 25 Oct 2005
poor little thing
you have to be a moron to think that plastic does not scratch, theyre nothing but M$ fanboys and apple bashers. you must be a big loser and a social outcast to own a stupid PSP so you can waste your life away playing games 16 hours a day, lol
Posted by: yourmother 25 Oct 2005
Scratch Guard Carrying Case??
The guy in the next office bought one, and it's nice. He does not move it, it stays attached to his laptop and speakers. He puts it in the included scatch protecting pouch each night, and the screen looks terrible. He's had it only a week!! My question is, don't they sell protective fitted cases for these, as they do the larger ipods?
Posted by: Beau 25 Oct 2005
Silly Lawsuits - real problem
A sad commentary on the legal system. Lawsuit asking for refund of Nano (ok) and refund of repair costs (ok) and a share of the profits from the Nano (excuse me?). You bought 1 of 2 million, the profit was $50, the legal costs of this per unit was $70, you owe them a check. No wonder US Laws are so screwed up, too many in the court rooms with their hands out. Welcome to modern times where screens that YOU do not take care of scratch. I bet you put a Nano in an empty room and the scratches dont appear.
Posted by: Sick of cry babies 25 Oct 2005
Boo Hoo...
The iPod Nano is an IPOD. It costs from $200 to $250. YOU DON'T JUST STUFF IT INTO YOUR POCKET ALONG WITH CHANGE AND KEYS AND WHATNOT. Anyone who has an IQ over 10 can tell you that if they invested $200 or more dollars into an iPod, they'll be careful with it. That's the reason why Apple sells CASES for them. So they iPods are PROTECTED.
Posted by: Spring 25 Oct 2005
sales
well this lawsuit has very much informed me to not buy an ipod nano (i was going to buy one tommorow oh well). I hope there is still some i pod minis
Posted by: brandon dude 25 Oct 2005
Lawyers.
This may be the most idiotic class action lawsuit yet. I hope the idiotic, money-grubbing lawyers get sanctioned for this disgraceful mess.
Posted by: David B 25 Oct 2005
defective user?
Well, I have a nano and haven't had a problem with it. Yes the face has scratched a little and I am sure that if I rubbed some sandpaper on it, the screen wouldn't be visible. Come on people, use them for what they are intended (I know some of you really have a case and that is why Apple agreed to replace them), but don't go about abusing them because you have heard they could be defective.
Posted by: Ty 25 Oct 2005
Scratched Screen
The headphones scratched the hell out of my screen. I am a Mac fan, but there is a problem with the protective coating.
Posted by: Ray Kinne 25 Oct 2005
More of the same.
I've had multiple iPods and bought a black Nano 2 days after the release. Sure it has some scratches, but: --ANY clear-coated black item will show scratches like crazy. The scrathces in the acrylic stand out against the black background. --It's not that the white iPods don't scratch, they scratches just don't show easily against the white background. --I have yet to see a Nano which is unusable from scratches. The worst one I've seen was scratched because the owner was stupid enough to put it in a pocket along with loose change and keys. --Oh, yeah, I bought a case. There's an idea: actually taking care of the gadget. The guy who created the original complaint site about Nano screen breakage broke his Nano's screen when BOTH his Nano and cell phone were in the SAME pocket. In all likelihood, the cell phone pressed against the screen creating a pressure point strong enough to damage the screen. That's not excessively fragile, it's stupid behavior.
Posted by: GoinStag 25 Oct 2005
Huh?
But Apple already offered to replace the defective ones. Why the lawsuit? Get yours replaced dummy.
Posted by: MacDan 25 Oct 2005