Get Better Gear!

Premier Sponsors

TechRestore

Other World Computing

Top 5 Free Apps

Release Date: August 05, 2009
Genre: Games
Release Date: May 22, 2009
Genre: Games
Release Date: August 29, 2009
Genre: Games
Release Date: March 27, 2009
Release Date: August 07, 2009

iTunes New Music Releases

Release Date: September 29, 2009
Genre: Rock
Release Date: September 20, 2009
Release Date: September 15, 2009
Release Date: August 25, 2009
Genre: Rock
Release Date: August 25, 2009

Top 5 Paid Apps

Release Date: April 22, 2009
StickWars $0.99
Release Date: March 31, 2009
Genre: Games
Bloons $0.99
Release Date: April 05, 2009
Genre: Games

Discover New Music

  • Now Here Is Nowhere

    • 10 out of 10
    • Secret Machines
    • The Secret Machines' inaugural album, Now Here is Nowhere is both old and new in its sonic assault. The trio's surprisingly big sound evokes Pink Floyd (without ever sounding like any Pink

  • Haunted

    • 10 out of 10
    • Poe
    • Dropping like a bomb on some of the blah musical offerings of her contemporaries, Haunted was one of the best albums of 2000, obliterating the competition.

      Ostensibly a tie-in to her brot

  • Music Has The Right To Children

    • 10 out of 10
    • Boards of Canada
    • This one will haunt you. From the first notes to the last, their sound surrounds you. BOC has put out a fantastic catalogue, and this album is a great starting point for a new listener. Jump straight
  • Plans

    • 8 out of 10
    • Death Cab for Cutie
    • With the introduction of Plans, Death Cab for Cutie became a new addition to many user's Artist list after the single "Soul Meets Body" became a hit on iTunes. Offering a fresh alternativ

  • Jagged Little Pill (Acoustic)

    • 6 out of 10
    • Alanis Morissette
    • Ten years after the original release, comes the traditional celebratory acoustic re-recording. The album has held up remarkably well. While it is not as meaningful to me as it was when I was sixteen,

Reader Specials

Visit Deals On The Web for the best deals on all consumer electronics, iPods, and more!

News

Apple Offers to Trade Gag for Refund in Alleged Exploding iPod

When an 11-year old girls' iPod exploded, Apple UK agreed to refund the purchase price to the girl's father in exchange for a confidentiality agreement that threatened a lawsuit if the family ever disclosed the settlement terms or even its existence. This, according to Ken Stanborough, the girl's father, who told his story to The Times of London.

According to Mr. Stanborough, the story began when he dropped his daughter Ellie's iPod touch and it began making a hissing sound. "I could feel it getting hotter in my hand," he said, "and I thought I could see vapour."

Mr. Stanborough then threw the iPod out of his back door, where "within 30 seconds there was a pop, a big puff of smoke and it went 10 feet in the air."

In the States, this would usually result in some form of litigation where the victim of the exploding device would seek hundreds of thousands of dollars (or more) from Apple for the trauma associated with such an ordeal. Being English, and in England, Mr. Stanborough instead asked for a refund.

That process involved a long phone call where he was passed from department to department, and eventually talked to a local Apple UK executive who offered him the refund he was requesting, and sent him an agreement to sign. That agreement included the confidentiality clause, which The Times referred to as a gagging order.

The gagging order angered Mr. Stanborough, who was worried about signing away a "life sentence" where any even accidental mention of the incident could land him and his family in court.

"They’re putting a life sentence on myself, my daughter and Ellie's mum, not to say anything to anyone. If we inadvertently did say anything, no matter what, they would take litigation against us. I thought that was absolutely appalling. We didn't ask for compensation, we just asked for our money back."

So, Mr. Stanborough threw away the letter and told his story to an English newspaper with a global circulation.

We should point out that this is only Mr. Stanborough's side of the story, and the incident of the exploding iPod touch is alleged only. It also involves being dropped, which goes beyond proper use of an iPod, though we would hazard that it wasn't the first iPod to be so dropped.

At the same time, however, we should point out that Apple has had to recall laptop and iPod batteries, and there have been scattered reports for several years of a very small number of various iPod models that have exploded or caught fire over the years.

Artist Rendition
Our artist rendition of what an exploding iPod touch might look like

10 comments from the community.

You can post your own below.

Khürt said:

“confidentiality agreement that threatened a lawsuit if the family ever disclosed the settlement terms or even its existence.”

So .. they’ll be in courst very soon then.

   Quote

Bryan Chaffin said:

Note that Mr. Stanborough didn’t sign the agreement or accept the refund.

   Quote

Lee Dronick said:

So is this fellow going to sue Apple over the exploding iPod Touch?

   Quote

Johan said:

Guess he should have sued.  At least he wasn’t horribly burned like the American child.  I really think the emphasis on his being too English to sue is quite elitist.  Maybe if he had his trousers catch fire and had burns on his legs he would feel differently.

   Quote

art cop said:

Gee, those flames look just like istock photo #6520700, complete with watermark.
Artistic License Revoked.

   Quote

Lee Dronick said:

t least he wasn’t horribly burned like the American child.

We don’t even know if the story is true. Where is the evidence?  He threw the letter from Apple away.

I am not saying that it didn’t happen, but I am skeptical.

   Quote

Ryan said:

Gee, those flames look just like istock photo #6520700, complete with watermark.
Artistic License Revoked.

That’s what I thought.

Stay Classy iPod Observer

   Quote

Jeff Gamet said:

Hey gang - Our FPO version of the graphic ended up in the article, but it’s been replaced with the final version. Thanks for the sharp eyes, everyone!

Jeff

   Quote

Dugie said:

Guess he should have sued.  At least he wasn’t horribly burned like the American child.  I really think the emphasis on his being too English to sue is quite elitist.  Maybe if he had his trousers catch fire and had burns on his legs he would feel differently.

The laws are much different in the UK, I believe you can only sue for actual damages, not hurt feeling and such.

   Quote

Bronco46blogs said:

I don’t think its unreasonable for Apple to ask these people to keep quiet about Apple giving them a refund for an out of warranty issue. They have to fight off enough bogus claims everyday I’m sure. They should think about rewording it in this day and age where everyone whines about everything.
And to these people who blabed—-Shut up and be happy you got something for your old iPod.

   Quote

Page 1 of 1 pages

Post Your Comments

  Remember Me  Forgot your password?

Not a member? Register now. You can post comments without logging in, but they'll show up as a "guest" post.

Commenting is not available in this section entry.