i had my nano for less than 3 weeks and one day when i took it out of my pocket the screen was broken and i didnt fell or anything it just broke down

Are we a nation of wimps? Who files a lawsuit for a scratched mp3 player??

A group of consumers that can't get a company to fix them any other way.

You'd sue an auto manufacturer if they sold you a car with a scratched up windshield and they refused to fix it right?

What's the difference?

Eh. True. Good thing I don't take part in the iPod shennigans. Preferably iRiver, sorry.

Verry good. I am an iRiver fan myself. I can under stand why the iPod buyers are in an upror they pay $300+ for the product (a premium). When you pay a premium you desirve something.

People who own it for four days only to see its brilliant color screen they paid $250 for be scratched to sh*t by nothing but the stitching of the interior of a butter soft leather jacket.

My God It is the end .. the co. was staggering after scully, Then it gets on its feet and shows the world it can Compete .. "Sue them I want Mine !!!", if this is'nt the fall of Western Civilization then it will kick it started in the right direction.

Theres People starving and living in thier cars .. and yet others are worried about there screens on an entertainment device thats propably priced to high today anyway .. Ill wait and find it on the street somewhere .. God help us all.damn shame because tech and nature I feel good live together .. but not lawyers !!

AaaL - Americans against abusive Lawyers !!!!!

What exactly was your point?

I damaged my LCD monitor screen. Should I be suing BenQ for a replacement AND their profits?

Survey says...

Yes!

lol

No, you should be more careful.

HA! HA! Oh yes, the sweet and horrible corruption of the pious.

I think this is a tad bit crazy. Buy a nano thong or something....jeez

www.illmethinks.com

Plain and simple:
Profits belong to the company that developed, marketed, manufactured, and sold the product. Therefore, all profits are entitled to Apple and no one else.
The people suing are exceptionally greedy!
If there is a manufacturing defect, the manufacturer is obligated to correct any future problems and compensate those already affected in a responsible manner. I would recommend replacing the defective products entirely at Apple's cost and calling it a day.
You can argue that it's crazy they had to file suit in order to get this done, which I will agree with. But under these circumstances, those filing suit have done NOTHING to deserve profits! Perhaps in addition to the replacement products they can get an extended warranty, travel charger, free download or two from iTunes. Something!
Let's not go crazy here. It's an iPod. Not a car. Replace the damn thing, and maybe next time the end-users involved here will realize there are a million alternative brands they can buy that do the same thing if they are so unhappy with the quality of their purchase.
My gavel has just dropped. Case closed.

Eat me, assboy.

"Furthermore, the class action members want a portion of the Nano's profits."

Totally reveals the entire motive behind the suit. Very blatantly greedy. The plaintiffs aren't seeking justice, they're seeking a quick get rich path.

Agreed.

It is the most upsetting trend for the modern world: people always blaming others for their problems, and not accepting any responsibility themselves. We see it everyday, and the answer to everything is "SUE!". It is ridiculous, and it is a trend that is unfortunately spreading beyond the US to other westernised countries.

If we can't start accepting responsibility for our own actions, it will be a sorry world we'll be living in come 10, 20 years' time.

When a C.A. settles the claimants get like .0003 cents on the dollar. No one is getting rich off buying a junk MP3 player, we're just recouping the cost of applesauce and screen protectors, and even then not even enough for that.

a rip off should be ripped off.

This is what you get for buying silly over-commercialised products like the iPod.
They get rushed out to meet demand and quality suffers.

Prevent scratches, get high quality, superior audio and no need for software - buy an iRiver instead.

Yea, sharing the profits is kinda stupid. But I do feel that The current apple customers should receive either:
an apple ipod care kit and a nanoskin
or the store credit for those items. I don't think that just because apple tried to use cheap plastic it should be sued for all its worth. Offer a fix, and make the new ones with a harder coating. Anyone agree?

If Apple really does have a problem with the screens and they refused to fix it then they should be punished by having to forfit some of the ir profits.

As long as it's class action and everyone that owns the device can get in on it then what's the problem?

That's ridiculous. By forfeiting future profits, you're robbing from peter to pay paul. It means that the profit on the sale to customer B gets split and some goes to customer A. You might as well have a pyramid scheme setup while you are at it.

A "share of profits" is not an equitable solution as it is a continuing kickback without a conclusion for the parties involved. No, a more direct fix is to simply offer them a perceived value credit - like a nano skin or a $25 gift card at Itunes or whatever. But offering them a share of profits becomes an uncontrollable measure. How do you determine who has a defective one? If Customer A gets a share of profits from Customer B, is customer B going to get a share of profits from Customer C? Or, at some point, does that profit sharing system end?

You can't rob Peter to pay Paul and call it an effective settlement strategy.

I'm not sure that they asked that they get a continuous cut of the profits. That's not what usually happens in a class action.

I also don't see where they set a cutoff date. Do they want a share of the profit only specifically against their Ipod? Then, like I said, a rebate coupon is more then fair.

I don't disagree, however if they are going after a percentage of Apples nano profits for say one month and they can prove that Apple was negligent then well that's perfectly fair in my book. :-)

What if you rob Ringo?

No, it's not. It will most likely be limited to the batch that ships until they get some decent lexan on these puppies.

The biggest moron would be the judge who will validate this case. The punitive dammages should be addressed to the mafia lawyer who submitted the case. If ever this case win, then it will be followed by a slew of others. Like "I put the device in my back pocket, I fart, and the device got stained. Now I sue Apple. I want to be reimbursed AND share Apple's profits"

Lmao. Waiting for the day...

All a class takes is 20 claimants in like positions. I've got 20 friends at my lawschool in a like position. I'd say it's not really a matter of the judges intelligence that's gonna lead to this getting certified. Sheer numnbers are with us. Oooops. Just s*** on my Nano...brb.

I'm not a fan of Apple nor own an iPod/Nano, but I do have to agree with y'all, this is ridiculous...*sighs* some people...

I was with them until the Furthermore, the class action members want a portion of the Nano's profits. part, at which point I determined they're greedy bas****s.

See, it would be noble to fight for the good of everyone, to ensure Apple increases the quality of its plastics, while making a small $60,000 during the fight. You're a greedy bas**** if you want a percentage of the profits, since that would be millions.

Hey man...I scratched my fridge with a carrot - give me a million! :P

yup, same here...untill the true nature of those creepy parasites showed up...sort of "hip" these days to try to get rich quick sueing a big company...here's some more issue's for the "i want to get rich quick without a fight" types...

scratched the glass of my watch...scratched the glass of my cell phone...scratched the glasses of my glasses...scratched the lenses of my binoculars...scratched the glass of my whatever...good luck....

I'll give you this...I just want my screen fixed...a second chance with a flawless unit now that I know how easy these things are to F up. Punative is getting a bit greedy.

bottom line is that these people were to ignorant to take care of what they bought. Now rather than accept the responsibility they would rather blame Apple.

That IS the bottom line. I wish more people listened to this type of logic.

Bottom line is eat me. When a $250 piece of technology can get irreperably damaged by the lining of a buttersoft leather jacket...there's a material defect. When reasonable care is exerted and damage still follows, that's when suit is justified if other options fail. The only reason suit was filed was a stonewall defense by Apple. I was able to get mine repaired after the suit was filed...

You can have a piece too...

Oops. Forgot I'd already insulted you...

Bottom line is, Apple released another piece of crap and they're laughing all the way to the bank. Only the dupes buy Apple anyway since they no longer sell many computers. If my car window scratched every time a bug hit it, yea, I'd sue the car manufacturer.

Hmmm.. Apple has their best quarter and best year even and is out growing the rest of the industry in sales growth. Do they sell a lot of iPods sure. Are they still selling a lot of computers. Yep. The year or year numbers would make even Dell or HP envious.

Good analogy, you should take the LSAT, we could use more people who can think around here...

So, I'm unsure..

Do these scratches cause the Ipod Nano to cease function? Does it no longer play music?

Uh.. I don't think so. Jeez. People who are this kind of vain about anything, if I were apple, I would laugh at them as well.

I don't own one, but I can understand the frustration. I myself own a PSP and would be upset if it would scratch so easily:

The product is designed to look good and operate. You (or most people) are more compelled to buy it due to the aesthetics and function combined rather than function alone. Having something look like crap after a few uses, especially when you're shelling out two hundred or more dollars, is unfair. Especially after the first couple uses. Apple doing nothing and never really caring, like they didn't initially with the battery problems with the older iPods, having people going crazy just to be recognized, was rediculous.

The people, their consumers, are right here. They need to be heard and Apple needs to hear them. Problems just wont just "go away" like they think it would.

I personally like Apple and have nothing against them, but if something isn't right, then it just isn't.

I can get that. And if they want, say, a gift card from apple for $20 discount at Itunes, that sounds fair.

But, a share of the profits of the device?

If we were talking about the old green argon "throwback" screens I'd have been with you, but not when a feature advertised to draw in buyers is the ability to display album art in 65,000 colors...

I wish I had as much time to write such an eloquent post as yours. Spot on.

F*ck a giftcard. Just get it fixed, then let us get our fixed in a like manner. The profits is overboard...

im personally a creative fan but this is ridiculous... The consumer has the right to not buy a bad product. No?

zakly

"The consumer has the right to not buy a bad product"

You're right! What moron buys a bad product?! Oh, I know: someone who expected a $250 Apple music player to be a good product.

Whoa, hold up. Apple = Proprietary = sucks. I'm with ya'. The iPod isn't half-bad. It's battery life could be a tad bit better, but with some 3rd party software, it's no longer proprietary and you can do everything with it that you would with a normal MP3 player. The click wheel is a pretty slick enhancement over the vast majority of MP3 players. If I paid $250 for an iPod, yes I would expect it to be good. Of course, you're still paying an aweful lot just for the name 'Apple'. Let's not knock the whole line, especially because a few greedy bas****s want to cry to mommy because they failed to protect their investments. This is a lot like obese kids suing McDonald's for making them fat... Thank God for the 'cheeseburger bill'... dang.

This is the part I was agreeing with:

"The consumer has the right to not buy a bad product. No?"

which I took to mean: if they don't like the product, they shouldn't have bought it in the first place.

You bought a piece of hardware from a fruit. ::dances in victory::

I would have shipped mine back for good today if not for the restock fee. I'm only getting it reparied 'cause it's free. If I had known then what I do now...

Thank you.

Geez...and I thought everything Apple was THE BEST! NOT...

Apple computers have as many problems as MS. I used to buy into that "Apple is better" crap. Boy was I mislead. I've read there boards...they're as angry as any M$ owner.

Steve, you should've invested a few more dollars in the materials. Well, get ready for the battle you never expected!

To anyone who has a Ipod Nano: if your Ipod Nano has a scratched (NOT cracked) screen all it means is that you need to take better care of your Nano. The Ipod Nano is just as durable as other major brands of portable music players.

By the way, Macs that use OS X are considerably more reliable than any version of MS Windows. Unix has been out performing Windows for years in every area except ease of use. Apple just took an outstanding operating system and made it easier to use.

Not true!

"Note true!"...please explain.
iPod/Nano getting scratched, he's 100% correct. It's your own danged fault. That's just the way things go. They aren't meant to last forever. You can remove the vast majority of minor scratches using Brasso or the like. Quite whining, take care of your stuff, and realize that every now and then you DO need to change the oil in your car (reference for those that don't get it: most PC owners feel they can let their PC just run without ever doing any maintenance...so I always like to ask "Do you ever change the oil on your car? Why don't you let it run forever? You should maintain your computer the same way...)

Unix/Linux beats the pants off of Windows. I'm an avid Microsoft techy and I can admit the truth (especially when it stares you blatantly in the face). Mac OS X is a helluva OS. It's still not quite as flexible as Windows, but that's what makes Windows a tad more flaky/prone to viruses (that, and the fact that the VAST majority of computer users have Windows on their PC... More exposure = more change to be attacked). However, this doesn't mean that there are not Mac/Unix/Linux viruses out there...it just depends on your abilities to protect your investment.

If you are going to state that MACs and UNIX are more stable I want proof to that. I have seen both Win2k3 as more stable. I have yet to see a UNIX/Linux server as stable. I am not that one stating that MACs and Unix are better than Windows. This debate has been ongoing for years and no one has yet to prove the case for either side.

As for the iPod, I wouldn't be stupid enough to pay the over priced price for a stupid mp3 player. Hell my Treo 650 plays mp3s. Not that I even care about that.

"I have yet to see a UNIX/Linux server as stable."

LOL

I've seen uhh one or two. :-P

That is why is switch was web hosting (servers) from Unix based to windows based. The unix servers were failing once a week. I now have a windows 2003 server running for over 1 year and have never been happier.

Windows requires a reboot almost all the time. Linux/Unix (And Mac I believe) doesn't.

My computer plays MP3s. :P. Why would I need a iPod Nano?

I currently use Windows XP 64-bit edition (which is based on Windows Server 2003) on my AMD Opteron computer and I can tell you that networking is just as buggy as it is in Windows 2000 Professional and XP 32-bit SP 2. I have a small home network with three computers and when I try to share files with different computers on the network Windows completely freezes half the time. This happens even with a clean install of Windows XP 64-bit edition and Windows XP 32-bit SP 2. I don't have any problems with the FreeBSD 5 releases or with any of the Linux distributions I've tried.

I've never seen a unix or linux server fail once a week. What were the errors you saw, and what did you do to try to fix them?

Lets ask this: How can you say a that an OS that gets updates every week if not everyday, doesn't need rebooted? You know that you have to reboot for kernel updates and a lot of security fixes. If you don't keep it updated then it is like leaving your front door open. I hardly ever see anyone rebooting Win server 2k3.

As for the person with the Win 64 that can't figure out how to network it, your stupidity has nothing to do with the ability of Windows.

Only kernel patches require reboots on unix (+like) platforms.

Even on a workstation you have to reboot it on some security fixes and driver updates. As I have already said this will go on forever and no one will be able to prove either side. You will find proof to support your side and I will for mine. Don't get me wrong I still love Linux, they just need to get their act together.

Hrm, which ones? Even kernel patches on Linux don't *require* a reboot, they just don't go into effect until the system is rebooted.

My point. That is how a Windows system is. The patch won't load until it is rebooted, but you only have to update Windows once a month IF that much. Linux at least every week.

So you can't really argue that Windows is better. LOL

So Linux gets patches released almost daily, 01 00 * * * apt-get update && apt-get -y upgrade 1>/var/log/update.log

cron to reboot once a week of your apt log is greater than 0

Real simple, as simple as Windows automatic updates. :-)

Um, yeah it is true.

Hmmm let's take a look at Netcraft and look at uptime. Of the top 50 sites I see two running running Microsoft. One 2000 and one 2003. The rest are all running Apache and a flavor of BSD and one Linux hold out. Gee which is OS X built on top of? I believe it it's BSD.

Brasso on plastic? Join the conversation late did we? - or -My oil lasts more than four days guy... (You can have your pick)

I hope they lose the lawsuit for their selfishness and irresonponsibility.

Everything gets scratched easily, ok? This includes LCD Monitor we use. Your car's windshield. Give Apple a break!

In some states (mine for example) your insurance company is required by law to replace your windshield under certain conditions. Maybe there should be nano insurance.

heh

Same with my state. I say Apple should fix it. Don't sell junk if you want to keep a clean record.

Rotten Apple increased profits by selling cheap plastics! The case is very simple all Apple has to do is to show that the plastic material is the same quality as the old iPod.They reduced the costs by lowering qualty, They had problems with cracked displays to..

i have the original iPod (1G) it actually got scratched when i cleaned it with a soft cloth. Since then i had 3 iPods and starting with the 3G ipod the scratches are not as bad as it was, so to me it looks like apple was has been increasing the quality of the plastic. I had my nano without a case for 2 weeks and still it didn't get scratched

I got a 40G Creative for $250. No scratches, and I did not need to buy several more because it got damaged or the battery did not work. Just replaced the battery. I saved so much money and headaches by not use the iPod. :)

You can buy and replace batteries on ipods too. In fact I just replaced the battery on my 3G ipod last night after it no longer held charge (after almost 2 years of ownership and misuse).

Also remember that this”flaw” is responsible for the sales of the skins and cases people use to protect it. If they make a scratch resistant iPod it will hurt the skin and case manufacturers and all people that make their living from this "flaw"

Man these idiots need to just spend a few dollars (as described in an article on here about fixing the screen) and shut the hell up.

"Furthermore, the class action members want a portion of the Nano's profits." Yea ok, now they're just being greedy.

The issue at stake is not really that the Nano scratches. It's that Apple did do anything about it. They blew everyone off saying, "it's the same high-quality parts used in iPods". There are two things wrong with this statement: a) the parts are obviously not high-quality, and b) they're obviously not the same parts as the iPod because this has never been a problem with the iPod.

Now, I haven't actually seen a scratched one, but my guess is that the blacks ones show scratches much more than the white ones, and that may be why we haven't seen complaints on regular iPods.

Now, as far as the scratches themselves are concerned, they should not be happening in the way people are describing them. From what I've read (and I haven't seen or experienced this personally), many people are getting scratches simply from putting them into their otherwise empty pockets. This is what I would call "regular use". Putting them in a pocket with keys, throwing them around, etc. is not "regular use". I'm suggesting that you shouldn't have to buy extra protective equipment for "regular use". This is very similar to a car, but in a different perspective than RIJP and WINCEMENT gave. I would not expect the paint on my car to scratch or chip simply from driving around. If I drive being a gravel truck, I'm asking for scratches and that would not be "regular use". See what I'm saying?

Your point is understood, just not entirely shared. Apple should not have covered it up, but what moron buys are pair of Oakleys and plans to really "use" them without ever getting any scratches on them? When they finally do scratch, to we file a class action against Oakley and say we want a portion of their profits because of it? Oh heck no. That's just plain crazy. Why in the world are these people entitled to ANY profits from the iPod? They aren't. They are just part of this lazy culture that feels that they are entitled to anything they want, and that they should never have to work for anything for suffering something as little as a hairline scratch on a piece of plastic because they failed to protect their investments.

I hope Apple loss on this one. I hope this case will make big corporations take the small guys like you and me more seriously when we do complaints.

I have owned an iPod nano now for about 3 1/2 weeks. It's in a slightly modified cell-phone case.

Guess what? Not a single visible scratch on it.

Could be that they've started coating them?
Could be that others are over-reacting?

In this litigious environment we now live, I'd be inclined more towards the latter, but...

Draw your own conclusions.

I know it seems stupid to most of us, we are used to scratches. But do any of you own a nano? It scratches VERY easy. And Apple has NOT dealt with that, that is why they are getting sued. They have said that if it cracks, you can get a replacment. The Nano itself getting scratched is not cevered. Now that would be normal, but we are not talking normal scratches. I have a handmade chamoi cloth bag that I keep my Nano in, ok? I HAVE SCRATCHES ON THE NANO FROM SLIDING IT INTO SAID BAG. That is how easy the thing scratches. granted, they are small, but chamoi is the stuff that professional's use on cars and things because it doesn't scratch. All we want as customers is for apple to spray on an extra coat of sealer, or something.

"The Nano itself getting scratched is not cevered."

Great post, I agree, but please check your spelling next time...I assume you mean "covered".

Apple win it ! gogogo

Go Apple! I rarely say this, But I hope Apple wins.

This one is so pathetic, its funny. I`ve seen bullet proof glass, but not scratch proof plastic.
I think i`ll go buy one, see if i can cash in on the windfall!

maybe if they lose they will start making titanium iPods and the screen made of scratch resistant plastic. Just raised the price 100 bucks :P

just another one of the american way stories. if you brake something then sue the bas****s that make it.

There'sa big difference between breaking a car by driving it into a wall, or by driving it on a normal road and having a wheel fall off or its engine blowing up....
The Nano's screen is EASILY susceptible to scratching - moreso than any other electronic device I've ever encountered, and I've encountered many.
So stop being sarcastic and smug....if apple had taken care of it's customers in the first place, I'm sure they wouldn't be sued. But they basically said that fat and stupid people scratch their nanos - which is wrong.

"if apple had taken care of it's customers in the first place, I'm sure they wouldn't be sued."

Tell that to McDonald's. They had to cough up millions because some stupid lady spilled coffee on herself.

Your joking, right?

No, he isn't I'm afraid.

Nope. The jury decided 2 days of coffee sales was a suitable penalty. That came out to $2.7 million.

are you for real or what. taken care of its customers the only way i could see this happening is if apple puts a warning message on the box saying screen is easily scratchable. and apple is taking care of its customer after all anyway by offering a fix once they found out about this. we are being sarcastic and smug because this is stupid becuase apple already offered a soltion to the problem

So most people think.

According the the case in question, the coffe lid was not on properly and the cashier basically tossed it out the window at her.

If this is true...Yeah, I'd be pissed as hell as well.

Not that any of this concerns apple iPod owners in any way/shape/form.

If that were true, the case would have been against the employee, not McDonald's. If I remember right, she sued them because the coffee was "too hot."

...well duh.

It WAS too hot...McD's used to keep it about 25 degrees hotter than other restaraunts because it stays hot longer that way...

ooh so it was hotter...

It doesn't matter. If you spill coffee on yourself, it's gonna be hot. ...? I don't see what McDonald's choice to make it hotter has to do with that at all. But apparently our illustrious court system did.

Anyway, yeah... we're off-topic now.

Sorry mods =p

Apple did not offer a 'fix' for the screen scratches - they suggested that people buy a sticky screen for it....I don't call that a fix. After you've gotten it all scratched up, the screen won't help.
They offered to take back the ones with cracks in the screens, but not scratches - so, no I don't think they treated customers right. I mean, would you really go buy a $300 product and then hear from the maker that you need to get a sticky screen so it doesn't scratch? A sticky screen is a nice OPTION for devices with screens, but for the nano it's actually a necessity. If such is the case they should provide everyone with a kit. Also, I wouldn't buy a device if I knew beforehand that I needed something additional for it not to become damaged. I have a zen and I stick it in my pocket all the time, not a scratch. Also had an ipod, never scratched. My nano scratched and I never had it in my jeans! LUCKILY, I was one of the first to return it and I just got my refund. Maybe if I didn't have one, I'd be saying what you all say, but from first hand experience, these people have a right. And if makes apple recall all the sh^&tty ones they put out, then it's a good deal.
People sue for some pretty stupid things, I agree. But, I sincerely don't think this is one of them.

LOL....

I see it as the lady's fault entirely (who the HELL keeps hot coffee between their legs while driving?!). She'd probably have sued her car maker for no cup holder if she could but...alas, she won because:

1. the coffee is hotter than usual, in an effort to keep it hot. (as someone mentioned like 25 degrees or something)
2. there was no warning on the cup to say that the coffee is VERY hot (you'll see that anyone who sells coffee now includes this, and in fact many used to even before this case)
3. it scalded her leg. you don't get scalded by a normal burn - it had to be REALLY, REALLY hot. Something hot to taste is like, 103-106 degrees or less. This had to be a piping hot or so for it to burn the skin. And gosh, she had like second degree burns...so, stupid woman, and stupid suit but not unfounded.

I used to think the same thing about the McDonalds case until I found out the facts.

Prior to the case, McDonalds kept their coffee at almost 190F in order to preserve "fresh taste". The coffee in the cup was only down to 180F or so when it made contact with the woman, melting her sweatpants into her skin and causes severe burning in her groin/thigh area. Removing the burned clothes from the skin required surgeries and skin grafts. McDonalds acknowledged that the coffee was kept at an unsafe temperature, but deemed that the increased keep-time for the coffee was worth the potential risk.

While Apple hasn't done something dangerous with the Nano, they did make a decision to cut cost in lieu of increasing durability. Like McDonalds, it appears that they are about to face the brunt of public opinion because of that decision.

I hope Apple could keep up with its reputation and solve this problem to the interest of customers.

OK give me a damn break. What the hell are peoples problem? Apple has a fix for the problem, and all they have to do is return the scratched item. However, I bet these people are doing something to scratch them, there is no need to sue. This is stupid.

ANYTHING can be scratched if you don't do something to protect it. My phone screen is scratched, I am going to sue Motorola because I am too stupid to close the phone when I am not using it. My watch crystal is scratched, because I actually wear it.. Gee, things get scratched.

If it was up to me, I would tell those people to have a coke and a smile and shut the hell up.

Yeah. I got a scratch on my car the other day. I'm gonna sue Chevy since they didn't properly protect my car from the metal scrap lying in the road when I ran it over. =/

I mean come on... can we say "quality control issue?"

I guess you don't own one, and don't know how easy it is to scratch it while excercising reasonable care, huh?

I have a nano and still looks new (i got it 4 days after they released it)I'm just carefull not to put it in the same pocket with my keys. I know they scratch easily, but so does the PSP and other shiny devices. If you are carefull you shouldn't have a problem, and a case would be a good idea if you are getting a new one. If you already have one and it is scratch just get a can of brasso and it will restore it to original look. I did it with my ipod photo and now it is good as new.

Some people. It just boggles the mind. I've got a 4GB nano. I've got it in an armband. It has a clear screen protector. Why you ask? I had an original iPod, it scratched and smudged - so I got it a case. Conventional wisdom says that which you want to remain in good condition you do one of two things: protect it or leave it in the box.

I tell you what, every time I see a "lawsuit" like this it makes me sick.

i wonder if microsoft is behind it hehehe...

I got a 4gb black nano the first week or so it was out. It's scratched. So what? I can fully see the screen. I'm not crying. I did go buy a scratch removal kit and an invisibleshield for it however.

Probably, but you`ll have to wait till the next patch tuesday, for the fix!

I would rather wait until next patch Tuesday than have to sue for a fix.

Yeah, this is mostly people trying to exploit the situation, trying to get something for nothing.Kinda like wincement said about the coffee and McDonalds, pretty ridiculous, but you can sue somebody for looking at you funny nowdays!!

This is the stupidest thing i have ever heard in my life....why should apple pay the costumers??? its not like apple forced them to buy the nano....if i buy a tv and scratch the screen, sony wont pay me for that. they wont even replace the screen for free....customers should take care of their stuff or pay the price. if i was a judge i wouldnt even waste my time on such a stupid case