Pro-Microsoft attorney involved in anti-Apple iPod nano lawsuit
Tuesday, October 25, 2005 - 10:44 AM EST"Don't get me wrong: I'm not a blind Apple follower. I seem to get on their nerves often enough (but that's another story); still, I'm wondering if the hubbub over the 'easily scratched' iPod nano screen is much ado about nothing—or at least about very little. It seems that lawyers are the biggest beneficiaries of the legal shenanigans," Dennis Sellers writes for Macsimum News.
"As Macsimum News noted on Friday, consumers who claim that the iPod nano screen scratches too easily have filed a class-action lawsuit against Apple, saying they want their money back plus a share of the company’s profits on the music player’s sales. The complaint, filed in the U.S. District Court in the Northern District of California in San Jose on Wednesday, was filed on behalf of nano owner Jason Tomczak and others who have purchased the device. The lawsuit alleges Mr. Tomczak rubbed a paper towel on his nano's face and 'that alone left significant scratches.' The plaintiffs are represented by law firms Hagens Berman Sobol Shapiro and David P. Meyer & Associates," Sellers reports.
"Interestingly, Steve Berman, one of the managing partners of Hagens Berman Sobol Shapiro LLP, has done some intensive work for Microsoft. As noted here, 'more recently, Microsoft recognized Mr. Berman’s experience and expertise when the company retained him to be part of the core national team representing the company in antitrust class actions arising from Judge Jackson’s Findings of Fact in the Department of Justice antitrust case against the company.' I guess it makes sense that a pro-Microsoft attorney would be involved in an anti-Apple lawsuit," Sellers writes.
Full article here.
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MacDailyNews Take: Conventional methods of competition have failed to dent Apple's iPod juggernaut. Can't compete, litigate? All iPods (including nanos) scratch the same, from the many units we've seen. iBooks and iMacs, too, by the way. Black plastic shows scratches more than white. The scratches, however, are the same in our experience. If you want your iPod to remain scratch-free, buy a case. Should Apple change the iPod housing to a pebbled plastic or some other surface that won't scratch or show scratches? Should Apple use a glass crystal screen face (like a watch) that's scratch-resistant? Would iPod's cost to consumers increase if such changes were made; more than the cost of a protective case? Should Apple include a cheap protective sleeve for iPod nano units in the box, as they do with the new iPods? As Apple reaches a mass market, is a lack of common sense in the general population magnified? If Joe and Jane Six Pack all bought Power Macs, would they sue Apple because their coffee cups snapped off their CD/DVD trays? How many iMac G5s would be in the shop because envelopes were shoved in the CD/DVD slot? Do people today innately understand that glossy plastic can be scratched? Have Apple's competitor's ginned up the FUD level on the iPod nano because it's their last resort? What kind of idiot gets an iPod nano, doesn't protect it, scratches it all up, gets a new iPod nano from Apple for free, and then doesn't protect it and scratches it all up again? Where's the line between "scratches too easily" and "can get scratched," exactly? Will that nonexistent line hold up in court? We have many questions, do you have the answers?
Related articles:
Will iPod nano scratches lawsuit hurt Apple? - October 24, 2005
Class-action lawsuit filed against Apple over iPod nano scratches - October 21, 2005
PC Mag's Ulanoff on iPod nano scratches: 'I could see a jealous competitor planting the story' - October 06, 2005
Mossberg: Apple iPod nano scratches easily, get a case to protect it - October 06, 2005
Apple iPods have always been far too scratchable, protective cases required to keep iPods pristine - September 30, 2005
invisibleSHIELD offers rugged, clear protection for Apple iPod nano and other iPod models - September 30, 2005
Got some nano scratches? Restore your iPod nano to new condition with a $4 can of Brasso - September 29, 2005
The Motley Fool: Apple did the right thing in quickly addressing cracked iPod nano screens - September 28, 2005
iPod nano 'screen issues' really just FUD? - September 26, 2005
Apple responds to iPod nano screen issues - September 27, 2005
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I work at an electronics store that is an apple reseller. I've only seen one of these come back with significant scratches on it, out of about 1100 that we have sold so far.