Brought to you by Captain Obvious

[Dave Farber <dave () farber net>]

Begin forwarded message:

> From: Randall Webmail <rvh40 () insightbb com>
> Date: January 4, 2010 1:41:08 PM EST
> To: johnmacsgroup () yahoogroups com, dewayne () warpspeed com, dave () farber net
> Subject: Brought to you by Captain Obvious

> Birdsong v. Apple, Inc., No. 08-16641
> In an action claiming that Apple's iPod was defective because it  
> posed an unreasonable risk of noise-induced hearing loss to its  
> users, dismissal of the action is affirmed where: 1) the plaintiffs  
> admitted that the iPod had an ordinary purpose of listening to  
> music, and nothing they alleged suggested iPods were unsafe for that  
> use or defective; 2) the plaintiffs failed to allege how the absence  
> of their suggested changes to the iPod caused any user an injury;  
> and 3) plaintiffs did not allege the requisite injury in fact to  
> have standing under California's Unfair Competition Law.
>
> http://caselaw.lp.findlaw.com/data2/circs/9th/0816641p.pdf



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