Microsoft being sued over Zune damaging someone's hearing...
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Written by CameleonMK   
Saturday, 02 February 2008
earbudsAre the earphones too good? Are the earphones too well built?  Why?  Click to read more....

"According to Zune user Joel Geddis, way back in 2006 his first gen player spontaneously reset and blasted an ear-shattering noise through the earbuds, resulting in permanent "fluid leakage from [his] ear canal, impaired hearing, and incessant ringing and discomfort." Sound like the stuff of a lawsuit? That'd be correct. Like many others, Joel is beating the war drum in an attempt to raise some awareness of his pending product liability and personal injury suit against Toshiba (who made the first Zune's hardware) and Microsoft. See, this is why we warn people to put in ear-plugs before putting on their headphones -- otherwise you might damage your hearing." via Engadget

 

Zuneboards member stkr says

"I'd say he were crazy if I hadn't experienced a similar situation when I received my Zune 80. Whenever the device is reset it automatically resets the volume at 8 or 9. That's loud when I consider the fact that I only go over "1" when I'm watching some videos and with some songs that are unusually low. It happened the day after Christmas when the device froze up after shuffling. After a reset I went to shuffle again I thought my head was going to explode. Luckily I was using my previous iPod headphones because the Zune earphones weren't comfortable. I wonder why the default volume is so high with a device that comes with in-ear earphones. Makes no sense to me."

 

Why indeed. This just shows you to adjust your volume before you continue playing your song.

Comments
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Nick   | 24.154.181.xxx | 2008-02-02 17:12:48
Are you serious, the pamphlet thing that comes with the zune warns the user against loud noises impairing hearing. I say if you buy the device your liable for the consequences.
1ofamillion   | 64.130.167.xxx | 2008-02-02 18:14:10
thats so dumb....
Shadoblak   | 68.73.200.xxx | 2008-02-02 18:35:49
they put disclaimers and warnings in the manual and all over the place so people don't do stuff like this......Apple got sued so now everyone warns that loud noises damage hearing...They aren't liable
Cyb3r - Own Fault   | 12.226.167.xxx | 2008-02-02 18:37:09
Its his own damn fault right on the headphone package inside the zune 30's box it specifically says "Warning! LOUD MUSIC Can damage your hearing" Its his own damn fault. Just because you fucked up doesnt mean that Microsoft should suffer for your mistake. I dont mean to sound like a Asshole, but I find crap like this so stupid when its your own fault, this is kinda like the guy that sued McDonalds for making him fat. McDonalds didnt make him eat there he chose too.(
Cyb3r - Own Fault(continuation)   | 12.226.167.xxx | 2008-02-02 18:39:02
georgexx316   | 74.74.219.xxx | 2008-02-02 19:52:19
I hate those ppl, who sues company just for being dumb. It says on the package that earbuds can damage ur ear.
stkr   | 97.89.18.xxx | 2008-02-02 19:54:22
The main point for me is that the Zune resets and the volume is automatically set at 8, which is very loud for me. There's no way to turn the volume down after a reset without starting a song. If one didn't know that the volume sets to 8 after a reset you have the potential to blast the music in your ears. Something else must have occurred for his ears to have frequent leakage (he probably hasn't the opportunity or just hasn't shared the entire story), but I'm more upset about the volume after reset. I don't condone blasting music (I think it's stupid) which is why I think that it should be altered .
Anonymous   | 24.86.115.xxx | 2008-02-02 22:11:42
i usually turn my volume at 8 or 9 so it's perfect for me. It's also perfect volume for most people, so Microsoft has done nothing wrong.

If that guy is sueing microsoft and wins, i'll probably sue all the cars in front of my house for damaging my hearing.
Anonymous   | 24.129.207.xxx | 2008-02-02 22:54:29
.:One day I was listening to my zune while on hold and while I was listening (was around 10) it suddenly stopped... then switched to a song that strangely said "OMG" at lvl 20. (This being a loud HxC song) I am a heavy metal head so I'm use to loud music but comes to show things do happen look for the signs:.
Anonymous   | 76.0.218.xxx | 2008-02-03 00:15:55
lol how is 9 too loud? thats about where i listen to..and ipod earphones arent loud....and if they were too loud he should sue ipod also,
DUBEDITION209   | 70.135.106.xxx | 2008-02-03 00:25:20
psssss. i listen to my shit at 16-20 all the time, i wish it could go louder but headphones start raddling at 19-20
The Audiophiliac   | 88.111.22.xxx | 2008-02-03 05:41:54
its just some guy lookin 2 pay his rent lol. This is crazy its happening in the UK to now that we are becomeing a puppet of the USA
kurukato   | 76.111.51.xxx | 2008-02-03 10:31:07
turn it up to like 14, then, yeah it might be a little louder but come on. the only way to enjoy music to the max is to crank it up! I'd hate to go to someone's party and them be like, "I don't wanna turn it up past 4 cuz it hurts my ears."
Anonymous   | 76.102.184.xxx | 2008-02-03 14:53:28
I have earbuds that are normal sounding at 4(which is really low), but i've started a sond on 15 before and I can still hear fine.
Anonymous - You're misrepresenting his cl   | 69.110.136.xxx | 2008-02-03 16:34:11
The three events (shock, noise, and reboot) happen simultaneously. At the very same instant as the shock, the Zune blasts a noise through the earbuds at full volume (overriding the user-set and default volume) and BEGINS the reboot sequence.

Both events, the shock and the blast of noise are consistent with his injuries from a medical standpoint. Research.

This problem is not rare and independent reports can be read elsewhere on the net - including Microsoft's own Zune forums.
Anonymous   | 72.179.34.xxx | 2008-02-03 17:15:40
Are you kidding me. 8-9 volume is way to soft for me. I usually crank it up to 16 when I rock out. If that hurts your ears, thats your fault not Microsoft's.
Lvivske   | 207.188.66.xxx | 2008-02-03 19:07:44
agreed, I usually have it on 20; and that's usually not enough when using my Sennheisers. The Zune just can't crank the db's on larger more energy consuming sets.
Lvivske   | 207.188.66.xxx | 2008-02-03 19:06:27
I'd say he has a good suit here. The device reset itself and blasted his ears. He did not turn up the volume himself, he did not put on a loud song. This was entirely the device, or a malfunction therein causing the aforementioned issue.

MS is in trouble, IMO of course.

Reading the comments, its apparent most people didn't even read the article...
Anonymous   | 69.230.57.xxx | 2008-02-03 20:28:25
Agreed. And, nobody mentioned the electric shock he received simultaneously through the earbuds. The injury could have been caused by either malfunction - or both.
dsharp75 - WTF?   | 198.173.15.xxx | 2008-02-04 07:57:23
You know, I must be a rare breed. 10 is just ok, but my avergae listening to hear all the fine details is usually 12-18 on the train. 10 is hardly ear shattering. I actually look for louder headphones and have yet to suffer hearing loss. 1. There is a warning on EVERY Zune headphone about possible hearing loss 2. Some people just want unearned money 3. Sorry for that loss, IF is was caused by accident, but otherwise - learn to read.
neosonica - WTF!?   | Registered | 2008-02-04 09:42:40
why is the volume so loud for u guyz i dont kno if its jus me but im used to listening on my zune wit the volume at least on 10-15 and some songs soud so quiet at 20 but then again i dont think i ever reset the volume to me personally i think the zune is nevr loud enuff!
WildWon   | 208.76.76.xxx | 2008-02-04 13:03:38
Obviously there are warnings that it could harm your ears, but unless if you put the headphones on, listen at 5, it reboots at 10 and you aren't aware of it, and it hurts you, that is the company's fault. A customer was injured, its not a BS claim, that is MS's fault.

If he would have turned the headphones on to 20 and put them on to do it to himself, thats something else entirely, but with the info we've been given, MS is to blame.

They'll compensate him, then sweep this whole thing under the carpet till it happens again.

But its their fault :p
Razz - huh.     | 67.35.241.xxx | 2008-02-04 13:30:46
i wouldnt take this seriously.
as said before, warning information IS printed in the zune booklet.
and its not just for zune...this can happen for ANY player if you arent paying attention to the volume controlls.
McFizz - ehh   | 71.100.144.xxx | 2008-02-04 20:54:11
wow an electric shock,
McFizz - ehh   | 71.100.144.xxx | 2008-02-04 20:57:47
wow an electric shock, I haven't seen a warning about that
McFizz   | 71.100.144.xxx | 2008-02-04 20:58:20
SHOCK OMFG!!
dustin - could I be strange   | 74.220.132.xxx | 2008-02-04 23:28:30
you guys all talking about listening to your Zune so low. could i be strange for always having my volume at about 7
Anonymous   | 205.213.255.xxx | 2008-02-05 14:11:46
It's his own fault.
I keep my volume at 1,2, or even 0 (Yes it still plays noise at 0)
Anonymous   | 72.133.217.xxx | 2008-02-11 20:27:28
We live in an litigation-happy society. This guy is out just trying to make a free buck. No MP3 player puts out enough juice to inflict the damage this idiot accuses Microsoft of. Most, if not all, MP3 players are accused of the opposite - not ENOUGH volume! Bleeding from the ears... puhhhlease!
Timmy Towery   | 76.6.118.xxx | 2008-02-13 09:35:17
Well i uselly like to listen to mine around 10 and its fine for me but the guy said that the 80 gig zune head phones dont fit comfortably. those are the high quality ear buds and it has different sizes..there premiere come on guy..there the best earphones i have ever had... well if he sues microsoft then hes gay....Ive had my zune for almost two months and i havent had any problem
bigtex292   | 76.106.15.xxx | 2008-02-17 15:48:23
not micrsofts fault they're to dumb to realize what there doing...thats so dumb
timmy - dumb   | 68.228.135.xxx | 2008-02-22 17:38:25
always have mine on 20
shawn   | 98.214.42.xxx | 2008-05-11 12:47:08
come on! how can you sue microsoft for your own dumb mistake?
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