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With many lawsuits, the plaintiffs do have to pay court costs if it is thrown out of court.
I know very little about this lawsuit, but one thing did jump out at me: Apple is selling a version of the iPod in France that limits its maximum volume. That seems to show that they are aware of possible problems at some level.
That said, I fail to see how an iPod is different from anything else like a Walkman or Discman that also plays music.
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