Comments on: Suit filed over Nano scratches

Complaint alleges that Apple violated state consumer protection statutes, as well as warranties.

[rhett121]

God help us!

Why can't we just let natural selection take it's course. It's our
propensity for saving EVERY human life that allows idiots like
this to survive and reproduce!
If you are stupid enough to 1. Put a shiny plastic object in your
pocket and not expect it to get scratched an then, 2. clean said
shiny plastic thing with a PAPER TOWEL you deserve to have you
ass beaten for even considering suing the manufacturer!
It's the ability to file suits like this, and even worse, the
accptance of the American public to this mentality, that are
really destroying this world. If you wipe a dirty black car with a
paper towel you will scratch it. Do you really expect the
manufacturer to refund your money AND give you a share of the
profits as well?!
IDIOTS!!

[pukain1]

Don't own one do you?

Doesn't matter how careful you are with this device it will get lots of scratches in a very short period of time. Was one of the first to buy and ordered the Nano tubes at the same time just as a precation, but Apple still hasn't shipped the tubes a month later. I kept the Nano in a soft sock and in less than a week with minimal use it had literally hundreds of micro scratches. Even Apple acknowledges that the first batch of Nanos had a problem that they say they have now fixed with a different resin on the front. They have not offered to exchange any of the original Nanos. So unless you have experienced the problem we are having how can you begin to comment?

[rhett121]

God help us!

Why can't we just let natural selection take it's course. It's our
propensity for saving EVERY human life that allows idiots like
this to survive and reproduce!
If you are stupid enough to 1. Put a shiny plastic object in your
pocket and not expect it to get scratched an then, 2. clean said
shiny plastic thing with a PAPER TOWEL you deserve to have you
ass beaten for even considering suing the manufacturer!
It's the ability to file suits like this, and even worse, the
accptance of the American public to this mentality, that are
really destroying this world. If you wipe a dirty black car with a
paper towel you will scratch it. Do you really expect the
manufacturer to refund your money AND give you a share of the
profits as well?!
IDIOTS!!

[pukain1]

Don't own one do you?

Doesn't matter how careful you are with this device it will get lots of scratches in a very short period of time. Was one of the first to buy and ordered the Nano tubes at the same time just as a precation, but Apple still hasn't shipped the tubes a month later. I kept the Nano in a soft sock and in less than a week with minimal use it had literally hundreds of micro scratches. Even Apple acknowledges that the first batch of Nanos had a problem that they say they have now fixed with a different resin on the front. They have not offered to exchange any of the original Nanos. So unless you have experienced the problem we are having how can you begin to comment?

[n2ifp]

Defective merchandise

I love how some of these posts criticize others for being careless when such is NOT the case. My iPod Nano got scratched the same day and it never even left the kitchen counter! Then I got the bright idea of putting it in a new case with a clear palstic window. That made things even worse. As far as I am concerned, I believe Apple put out a defective product! I also believe that the ones who dis the Nano's screen issue, most likely do not own one, or otherwise they'd be screaming too.

To make the record very clear, no paper towels were used to clean the screen.

I own two other full size iPods and they have nary a scratch on them.

Regards,

Larry Winward

[squirri]

Spontaneous scratching

This must be a new scientific discovery. If it was left on the kitchen
counter all day, how come it managed to scratch itself?

Hmmm

[n2ifp]

Defective merchandise

I love how some of these posts criticize others for being careless when such is NOT the case. My iPod Nano got scratched the same day and it never even left the kitchen counter! Then I got the bright idea of putting it in a new case with a clear palstic window. That made things even worse. As far as I am concerned, I believe Apple put out a defective product! I also believe that the ones who dis the Nano's screen issue, most likely do not own one, or otherwise they'd be screaming too.

To make the record very clear, no paper towels were used to clean the screen.

I own two other full size iPods and they have nary a scratch on them.

Regards,

Larry Winward

[squirri]

Spontaneous scratching

This must be a new scientific discovery. If it was left on the kitchen
counter all day, how come it managed to scratch itself?

Hmmm

[rpms]

Consumers' unrealistic expectations

I don't know enough about consumer protection laws to comment on the legal aspects of this case. If there were a cause of action and some prospect of achieving a remedy, then certainly I couldn't criticize these people for filing a lawsuit.

Though I can't comment on legal merits, I do think consumers have unrealistic expectations. Scratches affect the appearance, not the function, of a portable audio player. If it were a video player and the screen were starting to darken in spite of adequate protective action, then consumers would have a reason to worry.

The move to manufacturing identical electronic equipment in different colors was bad enough. (Remember the color phone surcharge from the Bell System?) Only iSheep (a great term that another commentator has coined, for Apple's more extreme followers) would sit down and compare the scratches on their MP3 players.

Have you actually been following this story?

I'm amazed people feel they have something to contribute to the discussion when they clearly haven't even been following the story.

It is NOT an "unrealistic expectation" to expect to be able to still read your iPod's display after a few days of normal use. This isn't just "a few scratches" marring the appearance that people are complaining about.

Despite your insistence to the contrary, scratches certainly DO affect the function of the player if they interfere with viewing the display.

If this was just some "iPod user mania" as you and others seem to believe, then we would have heard complaints about previous model iPods. But as many people have already pointed out, this wasn't a problem with previous model iPods, and it is a genuine problem with the Nano.

You're welcome to your opinion, but please at least research the issue before COMING to an opinion on the matter.

[rpms]

Consumers' unrealistic expectations

I don't know enough about consumer protection laws to comment on the legal aspects of this case. If there were a cause of action and some prospect of achieving a remedy, then certainly I couldn't criticize these people for filing a lawsuit.

Though I can't comment on legal merits, I do think consumers have unrealistic expectations. Scratches affect the appearance, not the function, of a portable audio player. If it were a video player and the screen were starting to darken in spite of adequate protective action, then consumers would have a reason to worry.

The move to manufacturing identical electronic equipment in different colors was bad enough. (Remember the color phone surcharge from the Bell System?) Only iSheep (a great term that another commentator has coined, for Apple's more extreme followers) would sit down and compare the scratches on their MP3 players.

Have you actually been following this story?

I'm amazed people feel they have something to contribute to the discussion when they clearly haven't even been following the story.

It is NOT an "unrealistic expectation" to expect to be able to still read your iPod's display after a few days of normal use. This isn't just "a few scratches" marring the appearance that people are complaining about.

Despite your insistence to the contrary, scratches certainly DO affect the function of the player if they interfere with viewing the display.

If this was just some "iPod user mania" as you and others seem to believe, then we would have heard complaints about previous model iPods. But as many people have already pointed out, this wasn't a problem with previous model iPods, and it is a genuine problem with the Nano.

You're welcome to your opinion, but please at least research the issue before COMING to an opinion on the matter.

[nicmart]

Bad solution to a real problem

Scratching has long been a problem with the non-metalic iPods,
but a lawsuit is an inappropriate solution. For one thing, it may
be that most iPod owners aren't bothered by the scratches as
much as I am. I ordered a Nano for my wife's birthday, but on
reflection I cancelled it because of the scratching.

The biggest problem is the class action status that a lawsuit can
gain. That is, when a lawyer can convince another lawyer (judge)
that he doesn't represent just one client but thousand or millions
of people who he has never spoken to, and who may not even
agree with the premise of the lawsuit.

Class action lawsuits should be abolished. Only a person who
volunteers to be represented by lawyer should be entitled to
participate in a lawsuit.

http://www.overlawyered.com/

[mortis9]

many class-action lawsuits are justified

You obviously haven't the slightest clue as to what you're talking about. Surely you can't be so naive as to believe that the only class action lawsuits filed in the US are in frivilous instances like this. What about justified instances like large corporation not providing the benifits laid out in employee contracts and a class action suit must be filed for rectification? Do you really think each employee (assume there are 20,000) is going to get, let alone is able to afford to hire, a lawyer? The concept of the class action lawsuit was created for just such purposes. So large groups of under-represented people could gain representation in instances were previously they couldn't. Of course like any other type of legal pathway it will be exploited, but that does denegrate its value in any way.

[nicmart]

Bad solution to a real problem

Scratching has long been a problem with the non-metalic iPods,
but a lawsuit is an inappropriate solution. For one thing, it may
be that most iPod owners aren't bothered by the scratches as
much as I am. I ordered a Nano for my wife's birthday, but on
reflection I cancelled it because of the scratching.

The biggest problem is the class action status that a lawsuit can
gain. That is, when a lawyer can convince another lawyer (judge)
that he doesn't represent just one client but thousand or millions
of people who he has never spoken to, and who may not even
agree with the premise of the lawsuit.

Class action lawsuits should be abolished. Only a person who
volunteers to be represented by lawyer should be entitled to
participate in a lawsuit.

http://www.overlawyered.com/

[mortis9]

many class-action lawsuits are justified

You obviously haven't the slightest clue as to what you're talking about. Surely you can't be so naive as to believe that the only class action lawsuits filed in the US are in frivilous instances like this. What about justified instances like large corporation not providing the benifits laid out in employee contracts and a class action suit must be filed for rectification? Do you really think each employee (assume there are 20,000) is going to get, let alone is able to afford to hire, a lawyer? The concept of the class action lawsuit was created for just such purposes. So large groups of under-represented people could gain representation in instances were previously they couldn't. Of course like any other type of legal pathway it will be exploited, but that does denegrate its value in any way.

[mgreere]

Let's Be Realistic

It must be a manufacturing problem that affected isolated
batches of nanos.

My girlfriend has had one since the week they came out. She's
kept it in a cotton sock. There's not a mark on it.

Yet I've seen pictures of heavily scuffed nanos.

So both sides have merit.

But take a look at anything small and plastic that you own (like
USB keys and the like). Everything I have is covered in little
marks, even in the cases where the items are used only rarely. I
just don't notice them. Part of the reason is that I simply don't
stare at them.

Because of the clear and relatively thick coating, marks are more
prominent on the nano than other items with a thinner clear
coating or no coating. Even if the coating is top-notch, scratches
will probably still be more prominent. Such is the cost of using a
thick, clear coating.

If you've got a nano that's clearly a scratch magnet, you have a
right to be angry.

If the scratches are large and few in number, suck it up and
assume you're probably to blame.

This shouldn't go to court unless apple has refused to replace
nanos that are clearly ridiculously prone to scratches. And none
of us know for sure in how many borderline cases Apple is
actually favoring the customer.

[markdoiron]

Think Low Tech

i don't own one apple product (just have chosen other things through my life). but if i bought a nano, i'd expect it to keep a nearly new appearance if treated with reasonable care expected for the product's intended use. while i don't encourage hiring lawyers, i also think that apple is acting badly.

making a plastic device that's designed to carry in the pocket with minimum scratching is not rocket science. we've been doing this for decades now. there's no reason that any product, but most especially a product that so many folks obviously attach a certain cache to, shouldn't be just as well-designed. if you're puzzled thinking of a plastic product that millions of folks carry that maintains a high luster finish (often in black), then think of the lowly ball point pen. if papermate can figure out how to do it, then surely the folks at apple can.

mark d.

[chomprock]

realistic, huh?

apple has stated that it will only replace the ones with clearly defective LCD's. the whole reason these lawyers are suing is because the screen becomes *excessively* scratched (that is, to the point of illegibility) by what the world calls reasonable use. if you own a cd player, minidisc, ipod, or other brand of mp3 player with an LCD screen, you'll notice that the screens of these other products do not become scratched to the point of illegibility despite abuse FAR exceeding that of carrying in one's pocket for several days. what if your cellphone screen become scratched to the point of illegibility by being kept in your pocket or a protective case? you'd be rightly sauced if it were to happen to you.

here's the crux of the issue: a portable electronic device with an LCD screen should be expected to survive everyday use (varies by device, but for music players, this includes being in a pocket) for several years with no appreciable loss of function. apple released a product that, while not being explicitly defective upon first use, become essentially unusable shortly thereafter. they admitted fault with the worst of these products, but have refused to do so with the bulk of these cases, and are refusing to replace them for free. thus, these lawyers are suing the company for their failure to replace an ostensibly "defective" product that they released. are these lawyers opportunistic bloodsuckers? most likely. is apple at fault? yes, beyond a doubt.

i don't see why this is such a difficult concept for people to grasp. are the naysayers saying that there are no standards for durability? or is it that apple is not responsible for putting out a product that falls terribly short of these expectations? i think it's just that the naysayers don't understand how easily the players become scratched, and are assuming that the people having problems are dropping the players off of tables, stepping on them, or pressing them against a belt sander.i can assure you, this is not the case. one of my friends bought one the day it came out, and the screen scratched beyond the point of legibility within several days of normal use. so there. i've got anecdotal evidence. anyone care to challenge the points i've made, or are you satisfied that apple is refusing to replace a defective product?

[mgreere]

Let's Be Realistic

It must be a manufacturing problem that affected isolated
batches of nanos.

My girlfriend has had one since the week they came out. She's
kept it in a cotton sock. There's not a mark on it.

Yet I've seen pictures of heavily scuffed nanos.

So both sides have merit.

But take a look at anything small and plastic that you own (like
USB keys and the like). Everything I have is covered in little
marks, even in the cases where the items are used only rarely. I
just don't notice them. Part of the reason is that I simply don't
stare at them.

Because of the clear and relatively thick coating, marks are more
prominent on the nano than other items with a thinner clear
coating or no coating. Even if the coating is top-notch, scratches
will probably still be more prominent. Such is the cost of using a
thick, clear coating.

If you've got a nano that's clearly a scratch magnet, you have a
right to be angry.

If the scratches are large and few in number, suck it up and
assume you're probably to blame.

This shouldn't go to court unless apple has refused to replace
nanos that are clearly ridiculously prone to scratches. And none
of us know for sure in how many borderline cases Apple is
actually favoring the customer.

[markdoiron]

Think Low Tech

i don't own one apple product (just have chosen other things through my life). but if i bought a nano, i'd expect it to keep a nearly new appearance if treated with reasonable care expected for the product's intended use. while i don't encourage hiring lawyers, i also think that apple is acting badly.

making a plastic device that's designed to carry in the pocket with minimum scratching is not rocket science. we've been doing this for decades now. there's no reason that any product, but most especially a product that so many folks obviously attach a certain cache to, shouldn't be just as well-designed. if you're puzzled thinking of a plastic product that millions of folks carry that maintains a high luster finish (often in black), then think of the lowly ball point pen. if papermate can figure out how to do it, then surely the folks at apple can.

mark d.

[chomprock]

realistic, huh?

apple has stated that it will only replace the ones with clearly defective LCD's. the whole reason these lawyers are suing is because the screen becomes *excessively* scratched (that is, to the point of illegibility) by what the world calls reasonable use. if you own a cd player, minidisc, ipod, or other brand of mp3 player with an LCD screen, you'll notice that the screens of these other products do not become scratched to the point of illegibility despite abuse FAR exceeding that of carrying in one's pocket for several days. what if your cellphone screen become scratched to the point of illegibility by being kept in your pocket or a protective case? you'd be rightly sauced if it were to happen to you.

here's the crux of the issue: a portable electronic device with an LCD screen should be expected to survive everyday use (varies by device, but for music players, this includes being in a pocket) for several years with no appreciable loss of function. apple released a product that, while not being explicitly defective upon first use, become essentially unusable shortly thereafter. they admitted fault with the worst of these products, but have refused to do so with the bulk of these cases, and are refusing to replace them for free. thus, these lawyers are suing the company for their failure to replace an ostensibly "defective" product that they released. are these lawyers opportunistic bloodsuckers? most likely. is apple at fault? yes, beyond a doubt.

i don't see why this is such a difficult concept for people to grasp. are the naysayers saying that there are no standards for durability? or is it that apple is not responsible for putting out a product that falls terribly short of these expectations? i think it's just that the naysayers don't understand how easily the players become scratched, and are assuming that the people having problems are dropping the players off of tables, stepping on them, or pressing them against a belt sander.i can assure you, this is not the case. one of my friends bought one the day it came out, and the screen scratched beyond the point of legibility within several days of normal use. so there. i've got anecdotal evidence. anyone care to challenge the points i've made, or are you satisfied that apple is refusing to replace a defective product?

I Sent Mine Back To Apple

My first Nano became badly scratched after sitting in a pocket by
itself for a hour. I called Apple to complain, and they told me to
send it back and they sent me a brand new one in a box, shrink-
wrapped. I don't see why the people suing don't just call Applecare
and talk to someone instead of running to their lawyers.

[mbwikoff]

Apple Refused Return

I purchased a Nano with a "personalized" inscription for my daughter's birthday. Because of the inscription, Apple would not accept a return when I contacted them over one week ago. Moreover, they gave me the same line that they are using as a defense...the resin is the same as was used on older iPods. They also claimed that they had not heard about the scratching problem. Looks like I will have to contact my attorney here in Wisconsin.

I Sent Mine Back To Apple

My first Nano became badly scratched after sitting in a pocket by
itself for a hour. I called Apple to complain, and they told me to
send it back and they sent me a brand new one in a box, shrink-
wrapped. I don't see why the people suing don't just call Applecare
and talk to someone instead of running to their lawyers.

[mbwikoff]

Apple Refused Return

I purchased a Nano with a "personalized" inscription for my daughter's birthday. Because of the inscription, Apple would not accept a return when I contacted them over one week ago. Moreover, they gave me the same line that they are using as a defense...the resin is the same as was used on older iPods. They also claimed that they had not heard about the scratching problem. Looks like I will have to contact my attorney here in Wisconsin.

[rickyh2k]

does the new ipod suffer the same fate as the nano?

Just thought, s i am expecting a new black ipod anytime this week, if anyone knows whether the new ipods scratch as easily as the nanos, the fact they include a case with it has got me a little concerned, i dont want to have had a slightly bigger 4gig shuffle (my old dead nano) and a 30gig MASSIVE video playing shuffle (video ipod with screen scratched to hell and back) all in the space of one month

[bemenaker]

Not that has been reported

This has been limited to nano's to date. (As far as I know, but I read the net daily)

[rickyh2k]

does the new ipod suffer the same fate as the nano?

Just thought, s i am expecting a new black ipod anytime this week, if anyone knows whether the new ipods scratch as easily as the nanos, the fact they include a case with it has got me a little concerned, i dont want to have had a slightly bigger 4gig shuffle (my old dead nano) and a 30gig MASSIVE video playing shuffle (video ipod with screen scratched to hell and back) all in the space of one month

[bemenaker]

Not that has been reported

This has been limited to nano's to date. (As far as I know, but I read the net daily)

[TLO]

RE:Suit Filed Over Nano Scratches

Yes your point is very clear and true. Lawyers for class action are only looking to line their companys' pocket. However, people who have bought the nano and put it in their pocket (shirt with nothing else in it) do have a level of expectation that it will not scratch and it shouldn't. It shouldn't come down to them suing to get it fixed. Apple should warrant excessive scratching for the fact that not enough resin was placed on the screen for protection.

Your point is very true a lot of the public are sheep (isheep at that). Wait and see attitude is the best way to buy an effectively working product but most of the public are idiots for buying these ipods in the first place. You can buy other mp3 players out there for cheaper. However, all of these items will be obsolete in a year anyway so deal with the scratches until then. Because the MP4 players will be out in no time. Then you can go stand online at 12am to get the first ones.

[TLO]

RE:Suit Filed Over Nano Scratches

Yes your point is very clear and true. Lawyers for class action are only looking to line their companys' pocket. However, people who have bought the nano and put it in their pocket (shirt with nothing else in it) do have a level of expectation that it will not scratch and it shouldn't. It shouldn't come down to them suing to get it fixed. Apple should warrant excessive scratching for the fact that not enough resin was placed on the screen for protection.

Your point is very true a lot of the public are sheep (isheep at that). Wait and see attitude is the best way to buy an effectively working product but most of the public are idiots for buying these ipods in the first place. You can buy other mp3 players out there for cheaper. However, all of these items will be obsolete in a year anyway so deal with the scratches until then. Because the MP4 players will be out in no time. Then you can go stand online at 12am to get the first ones.

[jsdoyle]

Mine's protected

My Nano scratched if I looked at it wrong. I have a 20 GB Color that seems much more durable.

So, I got one of those Invisable Shields and put it on my Nano. I was leary at first but that thing is tough! I can toss my Nano around now and not worry.

I think Apple should reimburse me the 20 bucks for the "shield". My screen would have been unreadable in a couple of months, no question about it!

[jsdoyle]

Mine's protected

My Nano scratched if I looked at it wrong. I have a 20 GB Color that seems much more durable.

So, I got one of those Invisable Shields and put it on my Nano. I was leary at first but that thing is tough! I can toss my Nano around now and not worry.

I think Apple should reimburse me the 20 bucks for the "shield". My screen would have been unreadable in a couple of months, no question about it!

[Scenario]

Tips for avoiding iPod nano scratches

After a week of careful/normal use of my black iPod nano, I've
scientifically determined the cause of the scratches that now
cover its case and screen. Avoiding the following common
abrasives will help keep your iPod nano looking "Impossibly
New" for weeks and weeks:

1. Cotton fibers. Avoid placing iPod nano inside any pocket or
pouch made of cotton or fleece. Also avoid the temptation to
place iPod nano face-up on a poker table to show it off. Doing
so will cause the wool fibers in the felt to irritate the back of
iPod nano so much that the front case and screen will develop
"sympathy scratches."

2. Human skin. Avoid touching your iPod nano for any reason.
Resist the temptation to feel the existing scratches on iPod
nano. Doing so will only cause them to spread in a fractal
pattern. This is because a human fingertip is three times more
abrasive than a cotton or fleece-lined pocket. Some users have
reported success having their fingerprints chemically removed
before purchasing iPod nano.

3. Air. Avoid exposing your iPod nano to the dangerously
vibrating molecules found in common household air. Also avoid
breathing directly on iPod nano at all costs, especially after
drinking. These molecules rapidly find their way into the tiny
fissures formed by existing scratches and then eat away at the
rest of iPod nano's thin resin coating until eventually there will
be nothing left of your iPod to return to Apple.

[Scenario]

Tips for avoiding iPod nano scratches

After a week of careful/normal use of my black iPod nano, I've
scientifically determined the cause of the scratches that now
cover its case and screen. Avoiding the following common
abrasives will help keep your iPod nano looking "Impossibly
New" for weeks and weeks:

1. Cotton fibers. Avoid placing iPod nano inside any pocket or
pouch made of cotton or fleece. Also avoid the temptation to
place iPod nano face-up on a poker table to show it off. Doing
so will cause the wool fibers in the felt to irritate the back of
iPod nano so much that the front case and screen will develop
"sympathy scratches."

2. Human skin. Avoid touching your iPod nano for any reason.
Resist the temptation to feel the existing scratches on iPod
nano. Doing so will only cause them to spread in a fractal
pattern. This is because a human fingertip is three times more
abrasive than a cotton or fleece-lined pocket. Some users have
reported success having their fingerprints chemically removed
before purchasing iPod nano.

3. Air. Avoid exposing your iPod nano to the dangerously
vibrating molecules found in common household air. Also avoid
breathing directly on iPod nano at all costs, especially after
drinking. These molecules rapidly find their way into the tiny
fissures formed by existing scratches and then eat away at the
rest of iPod nano's thin resin coating until eventually there will
be nothing left of your iPod to return to Apple.