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Apple faces lawsuit over damaged iPod nano music players

Apple Computer has been hit with a lawsuit demanding that the Silicon Valley company provide free replacements for scratched screens on its hot-selling, pocket-sized iPod nano music players.

Instead of replacing scratched nanos at no cost to buyers, Apple charges a fee of US$25, according to attorney Bruce Simon, who authored the suit.

Apple will be served with a copy of the suit this week, and then have 30 days to file a response with the court, Simon's law firm said on Monday.

An April date has been set for rival lawyers to discuss the case with a judge.

The suit, filed in San Mateo County Superior Court a short distance south of San Francisco, is the latest of about a dozen accusing Apple of selling nanos that don't fulfill the promise of "gorgeous color screens."

"Contrary to Apple's rep-resentations, the iPod nano is defective," Simon wrote in an aspiring class-action suit filed on behalf of a California man.

When introducing the nano in September last year, Apple chief executive officer Steve Jobs proudly plucked one from the coin pocket of his jeans, Simon noted.

"Selling `cool' stuff isn't `cool' if the stuff doesn't work as advertised and Apple fails to comply with its obligations under its warranty and California laws," said Harvey Rosenfield, a lawyer for the Foundation of Taxpayer and Consumer Rights, which is involved in the suit.

"Like every other industry, Apple must fix products that are defective for free, and refund the costs incurred by its customers," Rosenfield said.

Apple representatives said it was company policy not to comment on pending litigation.

"Normal and reasonable use of the product, including the use specified by Apple, results in severe scratches, streaks, scuffing and cracking on the device's screen," the suit charged.

In the wake of rampant complaints about scratched nano screens last year, Apple said only a tiny fraction of nano buyers had reported problems.

Apple has sold more than 42 million iPods.
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