Well, it does look like he’s got a case… from the linked article:
Bear in mind that he’s not suing them because he’s lost his hearing. He’s suing them because the things are dangerous. Damn kids and their rock and roll…
Except he’s not deaf, because he states right in his complaint that he doesn’t know if using his iPod caused him any hearing loss at all.
Chuck the jackass out of court along with an order to pay court costs and anything else the court can stick him with for filing such a clearly frivolous suit.
I bought my first mp3 player (not an iPod) a couple of months ago, and it had that warning. Not that the highest volume is all that loud, even if you use earphones that don’t suck ass, like the ones that came with it.
Maybe Apple can produce a large-type sticker, with easier-to-read warnings, about 3" x 5", and apply it to the outside of his Ipod so that every time he picked it up, he would see the warning… granted, this would have an impact on the useability of the device, but what price hearing safety?
I’m sure everyone’s having lots of fun talking out of their ass, and far be it for me to rain on your parade, but this is a legit case. Over the last several months I’ve seen a million articles on how earbud headphones and iPods in particular have a much greater risk of causing hearing loss than previously predicted. That’s a design defect if I ever heard one.
I don’t know if the case is a winner. But it’s not bullshit, and if we’re lucky it will lead to Apple and the copycats redsesigning their product in such a way that if won’t cause thousands to go deaf.
But, IF Apple is releasing a device that, when used in a reasonable fashion, produces ear damage, then they’re culpable.
Anyway, that’s how I see it. This isn’t a case of a guy hacking into the iPod and disabling a “volume governor” and suffering hearing loss. If you put the ear buds in properly, and use the given volume control, I do’nt think you should have to suffer hearing loss.
Geez, Cliffy, I hope not. Ear-splitting stereos and headphones have been a proud tradition since at least the early 70s, probably longer. I used to damige brane sells listening to Dark Side of the Moon as a teenager. And I take full responsibility for that. A law that limits decibels seems like so much government-as-nanny to me.
All kidding aside, I don’t understand the difference between an iPod and the Walkmen of my yoot. They both send loud noise right into your ears. Somehow, we dealt with the whole Walkman thing, and I think we’ll deal with the iPod thing.
Robin, who listens to her iPod at volumes somewhat lower than a Disaster Area concert
And do they cause hearing loss if they’re not turned up too loud? If that’s the case, a warning label isn’t really sufficient. But if I can set my music player to a reasonable volume without damaging my hearing, then I don’t see why we should worry about people who choose not to do so.
Granted, I’m not taking any real stance on this lawsuit because I don’t trust any news stories about frivolous lawsuits. The great majority of these stories vastly distort the truth in order to push the idea that frivolous lawsuits are destroying the world. But on the face of it, I see no reason why iPods shouldn’t be able to go louder than 100dB. If someone wants to risk their hearing on loud music, why shouldn’t they be able to? I’ve had music players that wouldn’t go loud enough on some albums because their maximum volume was so low and some CDs are recorded really quietly.