Who gets to define the word defect?

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So it looks like the iPod Nano lawsuit has gone global, and yet, they seem to be flying off the shelves. Does that mean I can buy a Nano today and join the lawsuit? Who doesn’t get protective shells for this stuff anyway? I mean, it is razor thin (0.27 inches) and partially made of plastic!? So light that you might leave it in your pocket and run it through the wash.

“Apple’s iPod Nano has sold in record numbers around the world, just as it did in the US,” he [Steve Berman, lead attorney] explained. “It seems that wherever the Nano is sold, problems with the defective design soon follow.”

“If I had known the truth about the problem, I would never have purchased a Nano,” he [Ben Jennings, one of the named plaintiffs] said.

Jennings wanted to know the truth about the problem – I don’t know that he can handle the truth. The truth is that sometimes products do not perform exactly as expected. I just checked out one of my old cellphones – cracks, scratches and paint chipping off. I promise I never used it as a hockey puck. Maybe this was a case of mismatches expectations. Apple is well know for delivering a superior product with world class experience. Jennings seems to have experienced less than that, which I agree is bad, but there seems to be tons of people who do not care – they are buying them anyway.

Maybe I need to buy one so I can relate.