A federal appeals court has ruled that it is every American's God given right to be deafened by an Apple iPod. (Liberty and justice for some. sub.ed.)

The court rejected a class-action lawsuit seeking to hold Apple responsible for possible hearing loss caused by the iPod. The Ninth Circuit Court of Appeals in San Francisco confirmed a 2008 district court ruling that the plaintiffs failed to show that use of the iPod posed an unreasonable risk of noise-induced hearing loss.

Apple has sold more than 220 million iPods since their 2001 launch and provides a warning with each iPod that urges users to avoid hearing damage by setting the volume at safe levels. The plaintiffs, Joseph Birdsong and Bruce Waggoner claimed that the iPod ear buds were designed to be placed deep in the ear canal, which increases the danger of hearing damage.

The iPods pose a danger because of their lack of volume meters or noise-isolating properties, they moaned. However the appeals court said that while the plaintiffs showed ways they believe iPods could be made safer, they failed to show they were dangerous in the first place. The plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users the Judge said.

When called for a response about the iPods causing deafness, an Apple spokesman said “pardon?”.