Go ahead an crank up the volume on your iPod touch, just don't go crying to the courts if you rupture an eardrum in the process. That's because a San Francisco federal appeals court on Wednesday upheld a 2008 district court ruling saying Apple iPod earphones can't be held responsible for hearing loss.
"The plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use. At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users," Senior Judge David Thompson wrote.
The plaintiffs, Joseph Birdsong and Bruce Waggoner, had sought monetary damages, and also asked the court to require that Apple provide better earphones, test iPod users for hearing loss, and offer disclosures.
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