Apple beats 'ear-bashing iPod' suit

Apple has fought off a class action lawsuit alleging iPods damage hearing.

A federal appeals court yesterday rejected the lawsuit, which claimed iPods to be defective because they lack adequate controls against “dangerous volumes” in music playback.

The lawsuit was filed by two iPod users in 2006. They argued that the max volume limit of 115dB on the products was too high - enough to cause permanent hearing loss to someone who uses the device.

The devices' ear buds provide less protection against hearing damage than conventional headphones, they claimed,  observing that the volume switch doesn’t adequately inform listeners about sound levels that might be harmful.

The proposed nationwide class-action suit sought compensation for the amount that customers allegedly overpaid for the product. U.S. District Judge James Ware dismissed the case in June 2008, saying the plaintiffs offered no evidence that the iPods were defective or had harmed them, and the Ninth U.S. Circuit Court of Appeals in San Francisco upheld his ruling Wednesday.

Meanwhile in Europe, nanny state leaders are developing laws that will require iPods and other MP3 players sold in Europe to be set at (low) maximum levels of 85 decibels. We anticipate many users will find ways to hack this.