As submitted to http://acanac.org/blogs/geek/

For as long as I can remember, the rights belonging to digital media have been a contentious issue at best.  The RIAA(i.e. the record industry) has been trying to lay claim to royalties from digital music, much like the movie industry's attempts to control video.  In Canada, our views are a little softer than the rest - or at least, that's what I like to think.  Maybe we're just slower to reach the same conclusions as everyone else.  You see, in this country, we have never really viewed digital media sharing as copyright infringement.  Well, not successfully anyway.  At some point Apple was forced to charge iPod purchasers a one time fee as a sort of tax on recordable media by the Canadian government.  This was later challenged, rescinded, and refunded.  iPod customers received a $25 cash rebate and Canadian music lovers were harmonious once again.  At least for a little while.

At some point in time, two Canadian iPod owners filed class-action lawsuits against Apple for failing to deliver on the promised 8 hour battery life of the product.  It would seem the iPods were dying after just 3 hours of playback.  Following these class-action lawsuits, Apple Canada Inc. is now offering $45 credits to Canadian Residents who own a 1st, 2nd, or 3rd generation iPod that was purchased before June 24, 2004.  Here is a quote of the story as published by the Montreal Gazette website on Canada.com :

Following two class-action lawsuits, Apple Canada Inc. is offering $45 credits to Canadian residents who own a new first-, second- or third-generation iPod purchased before June 24, 2004.

The proposed settlement, including payment of legal fees, is the result of two iPod owners suing because rechargeable batteries in the second year of use conked out after just three hours, contrary to the advertised claim of eight hours between recharges.

Although Quebec Superior Court denied class-action certification to Ines Lenzi of Montreal, a similar suit launched in Toronto by Bradley Waddell was accepted by the Ontario Superior Court.

Apple agreed to a settlement covering both claims. The deal has to be finalized in court in Montreal on May 26 and in Toronto on June 20.
As many as 80,000 Canadians could be eligible, including 11,310 Quebecers, said Montreal lawyer Philippe Trudel, who represented Lenzi.
A Toronto firm that handles public relations for Apple Canada did not return a call yesterday.

The $45 offer is considerably less than the amount sought by the Montreal plaintiff. Lenzi initially asked for $137.77 from Apple for a replacement battery, plus shipping and handling, $50 for inconvenience and $400 in exemplary damages.

Apple's compensation offer is actually a credit, usable at Apple's online store, a notice in several newspapers said yesterday. Though his client's class-action suit was not certified, Trudel said the end result is "a real bonus for consumers."

"We encourage people to claim this credit," he said. Another suit against Apple Canada, this one filed last fall by Montreal law student David Bitton, is pending. Bitton says his new iPod Nano has 7.45 gigabytes of memory, not the eight gigabytes claimed in its marketing material.

Bitton's lawyer, James Nazem, has asked for certification of a class action covering eligible consumers. He is seeking a full refund, or failing that, a 7.5-per-cent refund of the $220 purchase price, corresponding with the lower capacity, and $75 in damages.
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Information on how to obtain or file a claim is available at: www.trudeljohnston.com, www.legaladvocates.ca or www.appleipodsettlement.com