I usually have all the boxes for every electronic device I own along with all the paperwork, but I can’t seem to find the box for my iPod and that is really bothering me right now.  I know for a fact that in that box I would find a sticker and a separate piece of paper with a warning message printed on both.  The message was something along the lines of WARNING!  Listening to this device at high volume levels may cause permanent hearing damage. 

I know that it was plastered on the front of my iPod and as an insert with the manual.  I also remember seeing a similar warning on the packaging of every pair of headphones I have purchased in the past 20 years. 

Not only have I seen these warnings, but in every health and biology class from grade school through high schho, they teach that loud sounds can cause hearing damage; and it’s just plain old common sense, If something hurts, stop doing it. 

Now I see this clown, John Keil Patterson from Louisiana, has filed a lawsuit alleging that the iPod is defective since it is capable of outputting audio at up to 115dB which can cause permanent hearing damage.  Through my own independent testing, my 4GB iPod mini is outputting up to 125dB using a Radio Shack 33-250 SPL Meter, so I consider the numbers quoted in the lawsuit as accurate*. 

So, due to the fact that this piece of electronics equipment is operating correctly as designed, this man thinks the American people need to be protected from injuring themselves by ignoring posted warnings and plain old common sense.  He actually wants Apple to cripple the device and limit the maximum sound level to 100dB as the European version is currently crippled thanks to our “good friends” in France.  This forced product tampering is in addition to the “undisclosed damages” which will no doubt line the pockets of a couple lawyers hell bent on Apple’s money.  I wonder if Microsoft has anything to do with this?  Nahh.

I don’t think I would like to see my iPod “upgraded” to only allow 100dB of output with the next firmware update.  I often use an iTrip to listen to my iPod in the car and in order to match volume levels with local radio stations I need to keep the iPod at 95%.  Any “upgrade” like this guy is asking for would severely cripple my iPod for this reason, and I hope that any judge who sees this case land on their schedule would have the intelligence to toss it out on it’s lack of merit.  However, this case has been filed in California so it may go all the way to the SCOTUS.

I’ve owned my iPod mini for about 2 years now and I have used it many times while mowing my lawn.  I usually turn the volume up all the way just to be able to hear the music over my mower.  If I want to rock out to some Dead or Widespread Panic when I am mowing my lawn I will.  If my hearing is shot in 20 years it is no ones fault but my own, plain and simple.

Mr. Patterson’s own lawyer stated that his client did not know if he had suffered hearing loss but that was not the issue.  So, they have a lawsuit alleging injuries which may or may not have occurred and also may or may not be caused by the iPod.  Not only that, but the box and product both have warnings about hearing damage.  Neat, I can make one of those up too.  Watch out Fiskars, I may file suit to protect all the potential scissor-runners in America!

CNet has an article on the lawsuit.

* I have never had my SPL meter calibrated so the possibility exists that it is 10dB off.

TimBob