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Flaming iPod Settlement Sets the Internet on Fire

by Terrence O'Brien on August 3, 2009 at 06:02 PM

Apple is no stranger to dealing with exploding iPods; the devices' lithium-ion batteries, like all lithium-ion batteries, have occasionally had problems with malfunctioning and bursting into flames. The problems have been isolated and we've been spared any sort of massive, iPods-are-fire-hazards media frenzy -- until now. A recent incident involving an 11-year-old British girl, her 'sploded iPod, an angry dad, and a very official-sounding legal notice from Apple have put the ubiquitous media player back in the headlines.

Here's how it all went down: Allegedly, Liverpool resident Ken Stanborough dropped his daughter Ellie's iPod touch last month. He claims the device then started to hiss and smoke, and was too hot to hold. He apparently then threw it into his backyard where it exploded in "a big puff of smoke" and "went 10 feet in the air."

Mr. Stanborough contacted Apple, who eventually sent him a letter of settlement offering to refund the price of the 'Pod, despite it being off warranty, in exchange for his silence about the incident. The UK Times reports that, according to the terms of the agreement, Apple would accept no liability for the iPod's fiery demise and the company would take legal action against the Stanboroughs if they broke the confidentiality agreement.

"I thought it was a very disturbing letter," Mr. Stanborough told the Times, and he refused to sign it.

The story spread like wildfire around the Internet and various outlets claimed (in sensationalist fashion) that Apple was trying to silence the family with a gag order. Of course, Apple was quick to defend itself, telling Sky News it is "standard practice to have a letter of settlement." TUAW columnist (and attorney) Lauren Hirsch noted that confidentiality agreements in these situations are not just common, but expected. It's a way of giving the customer what they want (usually money) without exposing the company to more negative press and litigation than necessary.

Despite the story being blown out of proportion, the incident looks particularly bad when placed in the context of an investigation by KIRO, a Seattle television station, that uncovered 800-plus pages of complaints regarding exploding iPods that Apple had tried to prevent the Consumer Product Safety Commission from releasing.

Perhaps we should be less afraid of Apple trying to silence the victims of flaming iPods and more afraid of the ignited MP3 players themselves. [From: Times Online, Sky News, TUAW, Engadget]
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