The world's most pointless lawsuit?
SAN FRANCISCO, California (AP) -- A Louisiana man claims in a lawsuit that Apple's iPod music player can cause hearing loss in people who use it.
Apple has sold more than 42 million of the devices since they went on sale in 2001, including 14 million in the fourth quarter last year. The devices can produce sounds of more than 115 decibels, a volume that can damage the hearing of a person exposed to the sound for more than 28 seconds per day, according to the complaint.
The iPod players are "inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss," according to the complaint, filed Tuesday in U.S. District Court in San Jose, California, on behalf of John Kiel Patterson, of Louisiana.
The suit, which Patterson wants certified as a class-action, seeks compensation for unspecified damages and upgrades that will make iPods safer. Patterson's suit said he bought an iPod last year, but does not specify whether he suffered hearing loss from the device.
Patterson does not know if the device has damaged his hearing, said his attorney, Steve W. Berman, of Seattle. But that's beside the point of the lawsuit, which takes issue with the potential the iPod has to cause irreparable hearing loss, Berman said.
What a money-grubbing moron.
But what's really interesting is that the attorney, Steve Berman, has been on retainer for Microsoft:
More recently, Microsoft recognized Mr. Berman's experience and expertise when the company retained him to be part of the core national team representing the company in antitrust class actions arising from Judge Jackson's Findings of Fact in the Department of Justice antitrust case against the company.