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Court affirms iPod is safe

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San Francisco locals get the first look at the newly released iPod Touch at Moscone Center in San Francisco on September 5, 2007. Features of the newest iPod include wireless access to the internet and access to recent songs played at Starbucks locations. (UPI Photo/Aaron Kehoe) 
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Published: Dec. 31, 2009 at 1:58 PM
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SAN FRANCISCO, Dec. 31 (UPI) -- A federal appellate court ruled that U.S. technology giant Apple's diminutive music maker the iPod was not "unsafe or defective."

The U.S. Court of Appeals for the Ninth District in California upheld a 2008 lower court ruling that the volume allowed on an iPod, above 115 decibels was "unavoidable," and not unsafe, ComputerWorld reported Thursday.

Plaintiffs had sought class-action status in a suit that claimed the iPod put users at a high risk for hearing loss.

Federal Judge David Thomas wrote, "The district court did not err."

"The plaintiffs admit that the iPod has an ordinary purpose of listening to music, and nothing they allege suggests iPods are unsafe for that use or defective," Thomas wrote.

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