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Posted by Rich on 02/13/06 22:57
Did anyone really think they were going to get 2 gig of memory AND
a top flight colour screen for $250? Morons. Still, Apple shouldn't
have promoted the things the way they did.
How can anyone watch a movie or video on such a device?
-Rich
Apple Computer has been hit with a lawsuit demanding that the Silicon
Valley company provide free replacements for scratched screens on its
hot-selling, pocket-sized iPod nano music players.
Instead of replacing scratched nanos at no cost to buyers, Apple
charges a fee of 25 dollars (US), according to attorney Bruce Simon,
who authored the suit.
Apple will be served with a copy of the suit this week, and then have
30 days to file a response with the court, Simon's law firm said on
Monday.
An April date has been set for rival lawyers to discuss the case with
a judge.
The suit, filed in San Mateo County Superior Court a short distance
south of San Francisco, is the latest of about a dozen accusing Apple
of selling nanos that don't fulfill the promise of "gorgeous color
screens."
"Contrary to Apple's representations, the iPod nano is defective,"
Simon wrote in an aspiring class-action suit filed on behalf of a
California man.
When introducing the nano in September of 2005, Apple chief executive
officer Steve Jobs proudly plucked one from the coin pocket of his
jeans, Simon noted.
"Selling 'cool' stuff isn't 'cool' if the stuff doesn't work as
advertised and Apple fails to comply with its obligations under its
warranty and California laws," said Harvey Rosenfield, a lawyer for
the Foundation of Taxpayer and Consumer Rights, which is involved in
the suit.
"Like every other industry, Apple must fix products that are defective
for free, and refund the costs incurred by its customers."
Apple representatives said it was company policy not to comment on
pending litigation.
"Normal and reasonable use of the product, including the use specified
by Apple, results in severe scratches, streaks, scuffing and cracking
on the device's screen," the suit charged.
In the wake of rampant complaints about scratched nano screens last
year, Apple said only a tiny fraction of nano buyers had reported
problems.
Apple has sold more than 42 million iPods, the most popular MP3 music
player on the market, according to the suit.
In the final quarter of 2005, ending with the Christmas holiday, iPod
sales averaged about 100 per minute, the suit reported.
The suit called on the court to order Apple, based in Cupertino,
California, to also pay legal fees and damages.
© 2006 AFP
This news is brought to you by PhysOrg.com
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