A man was faced with a gagging clause from Apple after his 11-year old
daughter’s iPod exploded, as part of the conditions for accepting a refund for the malfunctioning
The Times of London said that Ken Stanborough dropped his daughter’s iPod Touch last month after it started to get hotter. He threw the gizmo out of his back door and claims that it exploded with a big puff of smoke and flew 10 feet into the air.
When he complained to Apple and to the store he bought it from, Apple sent him a letter offering a refund but disclaiming any liability. The letter contained a clause which said he was to keep the matter “completely confidential” and Apple would apply legal costs, injunctions and damages if he revealed the matter.
Mr Stanborough told The Times that he refused to sign the letter. Last week a US reporter got hold of documentation from the US Consumper Product Safety Commission but Apple’s lawyers, the report said, filed multiple exemptions.
But the documents revealed the problem appeared to be with overheating lithium ion batteries – the same problem that caused a Dell notebook to explode, notoriously, at a conference in Japan three years ago.