Monday, August 03, 2009

Apple tries to silence owner of exploding iPod with gagging order - Times Online:

Ken Stanborough, 47, from Liverpool, dropped his 11-year-old daughter Ellie’s iPod Touch last month. “It made a hissing noise,” he said. “I could feel it getting hotter in my hand, and I thought I could see vapour”. Mr Stanborough said he threw the device out of his back door, where “within 30 seconds there was a pop, a big puff of smoke and it went 10ft in the air”.

Mr Stanborough contacted Apple and Argos, where he had bought the device for £162. After being passed around several departments, he spoke to an Apple executive on the telephone. As a result of the conversation, Apple sent a letter to Mr Stanborough denying liability but offering a refund.

The letter also stated that, in accepting the money, Mr Stanborough was to “agree that you will keep the terms and existence of this settlement agreement completely confidential”, and that any breach of confidentiality “may result in Apple seeking injunctive relief, damages and legal costs against the defaulting persons or parties”.

“I thought it was a very disturbing letter,” said Mr Stanborough, who is self-employed and works in electronic security. He refused to sign it.

“They’re putting a life sentence on myself, my daughter and Ellie’s mum, not to say anything to anyone. If we inadvertently did say anything, no matter what, they would take litigation against us. I thought that was absolutely appalling.

“We didn’t ask for compensation, we just asked for our money back,” he added.