Apple Sued Over Ipod Causing Hearing Loss

[Metallixs Girl]

A man who has obviously not heard of a device called the volume control has filed a class action suit against Apple Computer, saying the company has failed to take adequate steps to prevent hearing loss among iPod users.

The suit, filed Tuesday in US District Court in San Jose, California., charges that the iPod music player can produce sounds of up to 115 decibels even though some studies suggest that listening to music at that level for 28 seconds a day can cause damage over time.

The suit, filed on behalf of John Kiel Patterson and all other iPod buyers, seeks monetary damages to compensate for the hearing loss suffered by iPod users, as well as a share of Apple's iPod profits.

The suit also seeks to force Apple to offer a software upgrade to limit the iPod's output to 100 decibels as well as provide headphones designed to block out external noise.

"Millions of consumers have had their hearing put at risk by Apple's conduct," the suit states.

An Apple representative declined to comment. The company has faced other suits over the iPod, including one over complaints that the devices scratch too easily. Apple reached a settlement in another case, related to the battery life of early iPods.

The latest court action follows several news articles quoting hearing experts who warn that prolonged digital music player use at high volumes may put people at risk of hearing loss.

Apple does caution customers in its iPod user manual, with a section labelled "Avoid Hearing Damage."

"Warning: Permanent hearing loss may occur if earphones or headphones are used at high volume," Apple states in the manual. "You can adapt over time to a higher volume of sound, which may sound normal but can be damaging to your hearing. Set your iPod's volume to a safe level before that happens."

The suit charges that the warning from Apple is inadequate because it fails to advise people what constitutes a "high volume" or a "safe level."

Apple was forced to limit the output of iPods to 100 decibels in France, although the suit claims that Apple has not done so in the U.S. and that even that level is "still not safe."

Patterson's suit cites National Institute for Occupational Safety and Health data that sets a safe exposure limit for noise of 85 decibels for eight hours a day. For each 5-decibel increase, the safe exposure time drops by half, the suit says.

The suit was brought by lawyers at Hagens Berman Sobol Shapiro, one of two firms that filed the iPod scratching suit, on behalf of a man in the state of Louisiana..

http://www.theage.com.au/articles/20...836399337.html

Another idiot from my state...>_< I don't have an IPod, I have a Philips, but isn't it common knowlege that loud music causes eventual hearing loss?

[PersianKing]

another common sense case. it will probably end up like the case where the person spilled hot coffee on them from Mcdonald's.

[Arnen]

As stupid as it seems to bring this to court, I do think Apple should lower the volume on those things. It's ridiculous how loud those things can get. Making headphones to block out outside sound also sounds like a good idea, since often people turn the volume on their players up to accomodate for background noise. Headphones that eliminate that noise means you can listen to your music at a much lower volume, and not wreck up your ears.

[Crystal Mew]

I can't beleive people are this stupid

the volume on my ipod is really low, its like 1/8 of the bar.

people sue for the stupidest things in the world, and it pisses me off

[Magmar]

we're surrounded by idiots in this country

[Snowbunny]

The suit charges that the warning from Apple is inadequate because it fails to advise people what constitutes a "high volume" or a "safe level."

It's called common sense?

[mr_pikachu]

The only good thing that could come of this would be Apple making headphones that are easier to use. (Those earpiece things are evil, I tell you!) Other than that, this whole thing is totally moronic.

[firepokemon]

America is crud. America is crud.

[PancaKe]

pfft.
i am for hating the battery life on ipods. i got one for christmas 04, by august 05 it wouldnt last a day, by september 05 it wouldnt last 2 hours, by november 05 it was lasting half an hour if lucky.
and as if i'm gonna pay money for them to change the battery.
gah.

[Kris]

It is yet another case where someone has just spent ages trying to pick a problem with a company so that they can make a quick buck from them

[Alucard]

pfft.
i am for hating the battery life on ipods. i got one for christmas 04, by august 05 it wouldnt last a day, by september 05 it wouldnt last 2 hours, by november 05 it was lasting half an hour if lucky.
and as if i'm gonna pay money for them to change the battery.
gah.

When my Ipod battery popped I just opened it up and replaced it with a new one. It costs less then $50 for all the tools + a new battery on ebay~

The guys a dick. What more to be said?

[Arnen]

It costs less then $50 for all the tools + a new battery on ebay~

$50 for a fricken battery that's not even gonna last a year seems like a little much.

[PancaKe]

$50 for a fricken battery that's not even gonna last a year seems like a little much.

i agree.
i say they should just make the batteries never run out.
isnt that the point of rechargable batteries anyway?

[-/Deathborn/-]

Oy, my god. Another person who doesn't wish to admit his short-commings. Its easy to blame the companies these days. I don't have an Ipod as well, and I might plan on getting one. This doesn't phase me at all on whether to get one or not, but everything these days depends on what you do, not what the company does. You're the one cranking up the volume, not the company.

[phaedrus]

why hello los idiots de los ipod idiotos

[Alucard]

$50 for a fricken battery that's not even gonna last a year seems like a little much.

It costs less then $50 for all the tools + a new battery.

Alone the battery will cost you $59 shipped from Apple, and I was TOTALLY wrong with the prices. They've dropped a great deal since mine popped.

Bleh I'll pick one from random because there's 800 or so listed:

Ipod 4th generation replacement battery with tools 800m

Buy It Now:&#160; price:&#160; &#163;2.99

Time left:&#160; 1 hour 8 mins
3-day listing, Ends 08-Feb-06 11:33:00 GMT
Start time:&#160; 05-Feb-06 11:33:00 GMT
Item location:&#160; Hong Kong, none
Hong Kong

Post to:&#160; Worldwide
Postage costs:&#160; &#163;4.99 -- Other Courier

Total price = &#163;7.98 = $13.92

i say they should just make the batteries never run out.
isnt that the point of rechargable batteries anyway?

Since I've just woke up and have yet to have my coffee @_@:

Rechargeable batteries have a limited number of charge cycles and may eventually need to be replaced. Battery life and number of charge cycles vary by use and settings.

Apple iPod Battery Site

I'm tempted to pop open an iPod now to see if I can fit a AA/AAA battery dock. Hmmm....

Anyway, in my opinion the new Zen out classes the iPod. It's screen resoultion is just so crisp and it also has more features. Although the green color is a little iffy.

Mmm coffee time.

[homeofmew]

people are dumb and want money so they hurt themselves.
i don't own an ipod so hmmmm.

[PancaKe]

lol.
thanks for all the information.
i still reckon that the batteries dying after, what, not even a year, is dumb. if it had been, say, two or three years, it'd be okay.
oh well ^_^ I'm just too lazy to bother fixing it (and too cheap). It can stay on charge forever.

[Alucard]

lol.
thanks for all the information.
i still reckon that the batteries dying after, what, not even a year, is dumb. if it had been, say, two or three years, it'd be okay.
oh well ^_^ I'm just too lazy to bother fixing it (and too cheap). It can stay on charge forever.

Generation 5's probably last longer then a year :p

[Sceptile_Master]

God damn it I hate these people. My PSP's headphones that you get with them have a 90 decibles volume limit. And I was watching Akira on UMD in the car with it on full volume and I couldn't even hear the film the slightest bit. At all. I could hear the damn cars whiring over it grr. So I stopped. Although I don't really know anything about the curve that voume take in decibles. BUt all in all america needs to stop letting everyone sue anyone for anything.