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Microsoft lawyer handling latest iPod lawsuit

Earlier this week, John Kiel Patterson filed a class action suit against Apple regarding the iPod's potential to harm listeners' hearing. He is seeking compensation for damages and upgrades to the iPod that will make it safer.

Now, it's pretty easy to say that everyone knows that listening to music via headphones at a high volume for prolonged periods of time will damage your hearing. Still, it wouldn't kill Apple to put a warning sticker on the packaging. But here's where the story gets weird. Mr. Patterson won't state if his hearing has been damaged from using an iPod. But his lawyer, Steve W. Berman, says that's beside the point, as it's the iPod's dangerous potential that Patterson is concerned with. Also, Steve Berman is (and has been) on retainer with Microsoft. I'm just saying.

Start your engines, conspiracy theorists.

[Via MacDailyNews]

Earlier this week, John Kiel Patterson filed a class action suit against Apple regarding the iPod's potential to harm listeners' hearing....
 

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Johann

He is going for the money! There are a lot of things of more than 120 dB out there. It's like sueing Honda for making cars that can go fast enough to kill myself.

I indeed agree with Steven: "For this lawsuit to be even halfway 'correct' (if you can call it that) would be to sue other MP3 players, portable CD player makers, personal media player makers, etc.
He's just going after Apple so he can try to get money because it's the most popular product out there."

February 03 2006 at 12:52 PM Report abuse rate up rate down Reply
Richard Schusterman

If this guy was really concerned about hearing loss then he would go after all mp3 players. He's just a greedy, dumb, can't take responsibility for his behavior, idiot with nothing else better do with his time than to waste everybody elses. Sheesh! Get a life, moron.

February 03 2006 at 12:50 PM Report abuse rate up rate down Reply
Derek

Wheels,

The dock connector is not powered, it just provides an audio signal to be powered by speakers or a stereo. The headphone jack (on any device, not just iPods) is powered, and changing the volume changes its power. If you need more volume, try hooking up to the speakers via the headphone jack (although audiophiles will tell you this sacrifices some of your sound quality)

February 03 2006 at 11:07 AM Report abuse rate up rate down Reply
Andrew Eller

Where do the warning labels end? Do they have to put "Do not swallow" on there as well?

February 03 2006 at 10:30 AM Report abuse rate up rate down Reply
Denis Defreyne

Hot news! Man sues knife-producing company for possibility of causing wounds!

February 03 2006 at 8:14 AM Report abuse rate up rate down Reply
Mac Diva

There are several warnings about not playing the iPod at high volumes in the manual. Apple should not have to apply stickers to the iPod, ruining its appearance. Nor would they necessarily do any good. There's a phenomenon called 'warning fatigue.' There are so many warnings about products that people often ignore the warnings.

I have worked in products liability law and I consider this a frivolous lawsuit. The 'injury' claim he is suing over is prospective. Furthermore, the plaintiff would have to be negligent for the injury to occur.

I can imagine a scenario in which a health department or attorney general might go crusading in regard to MP3 player volume. Arguably they have the standing to do that. But, an individual claiming prospective harm doesn't.

February 03 2006 at 6:19 AM Report abuse rate up rate down Reply
Serge de Gheldere

"Still, it wouldn't kill Apple to put a warning sticker on the packaging."

Are you kidding ? I find this stickers ridiculous and offensive and dangerous in that they make people insensitive to warnings that may really be necessary.

It high time people like this sorry guy start to behave as almost adults, and accept responsibilities for their actions.

I would be laughable if we all didn't end up paying for the consequences for bums like this guy: in the end what goes around, comes around. And the consumers end up paying more for their products, for their healthcare, for their coffee because of all the

Maybe we should sue the suer for being responsible for higher prices of Apple products.

February 03 2006 at 4:07 AM Report abuse rate up rate down Reply
Steve M

In other news, the U.S. government is being forced to place a warning label on all of it's Nukes, stating that the use of the weapons may be hazardous to human health.

No, I'm joking of course. The actual label says: "If you can read this, good bye."

February 03 2006 at 1:12 AM Report abuse rate up rate down Reply
wheels

It's funny, I connect my iPod to my stereo using a dock (the jack on the dock is always at full volume, it's not influenced by the iPod's volume control.) and think the iPod's output to be a little weak. I have hooked up walkmans, portable CD players and the ilk to home stereos before using headphone jacks and found that cranking the volume on the devices will easily overload the stereo. This is impossible with the iPod - I have connected it to my stereo through its headphone jack. I'd love to know the iPods audio output rating as compared to other devices.

February 03 2006 at 12:41 AM Report abuse rate up rate down Reply
Jarrod Turner

I just read the Chicago Tribune article about the Shure/SLVR volume problems, but the truth is that any device is loud with shures anyway, I use my E2Cs at about 15% volume with my 3G ipod because its too loud any other way. I mean, the SLVR isn't designed for the smaller percentage of users who care about audio quality.

February 03 2006 at 12:11 AM Report abuse rate up rate down Reply
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