The Story Behind the iPod “Scratch” Lawsuit

Written by: Adam Christianson

Categories: Editorial

The Truth is Out There

So ask yourself how you would feel if overnight you were suddenly hated and villified by an entire community just for speaking your mind on a few Mac forums and blogs (the MacCast included)? Well, that is exactly what happened to Jason Tomczak. If the name sounds familiar you probably think you know him as the guy who brought a lawsuit against Apple for the scratching issues with the iPod Nano. If so, you would be correct in the fact that his name did appear as lead plaintiff in the suit brought forth by David P. Meyer & Associates Co. LPA and their representative firm, Hagens Berman Sobol Shapiro LLP. But, according to Jason, that is the only fact you would have correct. A name on a sheet of paper.

Jason recently posted an Open Letter to the Mac Community and, according to him, he never wanted to be part of any lawsuit against Apple. He claims the law firm contacted him and asked for his “insight into the problem” which he provided. He also maintains he did so with the understanding that he wanted no part in any case they may file as a result of his opinions. So after months of remaining silent and after becoming a target for the hatered and loathing of many Apple fanatics, Jason took action and is revealing his side of the story. He hopes his letter will finally clear his name and expose what he considers to be the truth behind the lawsuit. I hope you all take a moment to read it. It offers a great perspective directly from a main player in the story and goes far beyond all media bites we heard last October. I am sure if I go back and listen to my comments at the time I am probably guilty of perpetuating the hype and guilty of letting my pro-Apple bias prevent me from peeking behind the media curtian. One thing is for sure, Jasons story serves as a reminder to be careful about what we say and, even more importantly, to be careful about who we say it to.

Open Letter to the Mac Community
The Truth Behind the iPod Nano “Scratch” Class Action Suit

There are 11 comments on The Story Behind the iPod “Scratch” Lawsuit:

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  1. Luis | May 23 2006 - 02:36

    I know that law firms sometimes pull stuff (****) like this, if the law firm can’t prove by any means that Jason hired them I think he should create a website with a Paypal donations account and I know for sure people will help him. I know I will help with whatever I can.

  2. rasterbator | May 23 2006 - 03:49

    I don’t think Jason is the one who needs the proof. I believe the law firm in question needs to have a signed consent form to use a person as a plaintiff in a case, not just a conversation and the hopes that they could beat… err… talk him into it.

  3. Bob | May 23 2006 - 05:37

    I can’t believe anyone would allow themselves to be bullied into being an unwilling plaintiff in a large class action suit. Sorry, but his story beggars belief.

  4. john smith | May 23 2006 - 08:30

    What’s the harm with a class action suit? I want a scratch-free ipod nano=p

  5. Andrew | May 23 2006 - 09:00


    He didn’t get bullied- they just used his name without asking.

  6. Nick | May 24 2006 - 05:26

    Well, apparently Jason’s name is not on that lawsuit anymore (see, referenced on those scumbag’s official case page @ so that kinda proves that guy was right and they already covered their asses…

  7. Mark | May 24 2006 - 11:09


    Read the Whole Article. He has been bullied by in a most agressive way by these lawyers. It has cost him a great deal of money and time, for something he had absolutely no interest in, in the first place.

  8. That Ray Guy | May 24 2006 - 01:33

    I hope the lawyers’ parents are proud of how their childrens’ educations are being used. And HEY, let’s remember, unless you are in a prison cell, you, living in New York, can sue me, living in L.A., for the damage my cow has done eating your flowers. I have NO COW. You have NO FLOWERS. But you don’t need PROOF, only enough money to get someone who has passed the bar in New York to initiate the case on your behalf. Tort Reform? How about England’s method, the proven GUILTY party PAYS ALL and the winning legal team gets no more than HALF of any settlement – PERIOD!
    Jason – you sir have been railroded and all you are asking for is a public declaration of same. I, for one, hope you get what you deserve and that the suffering ends for you as quickly as possible.
    Thank you for the telling your side!
    That Ray Guy

  9. The GodFather | May 31 2006 - 09:34

    I for one believe that every single person who put him down for what he obviously didn’t do, should just rot in hell. This man’s life has been completely destroyed by this law firm. Jason, I hope this all works out for you man. It’s a shame that, here in America, if you have money, you can do just about anything with it, even destroy people’s lives.

  10. iPod Music Downloads | Feb 09 2008 - 11:46

    I really don’t understand what’s the fuss about some people creating those big issues. If he really wins the case, just imagine the amount of lawsuit that would follow later. If I were to be the judge, the strike out the case in the first place.

  11. Mike | Jan 26 2009 - 06:49

    Why is this limited to iPod Nanos? This should include all iPods. My first gen 60gb video iPod has the same issue and the screen was damaged before I had a chance to do something about it. I was unaware of this prior to my purchace of the iPod in 2005.

    any lawsuits against them for that? email me