iPod Volume Limits and Lawsuit

Apple's latest software update for the video and Nano models enables you to set a maximum volume limit. This comes as no great surprise since Apple has been under criticism (and the target of a class action lawsuit) of late because the iPod's earphones are capable of producing sound at levels that could cause hearing loss. Apple's action has been applauded my many, although the legal team mounting the lawsuit claims that this is proof of a "flaw" in the iPod.

There are many who say that the lawsuit seems to be somewhat frivolous in that it singles out a single company and that it doesn't seem to acknowledge that individual iPod users should have some responsibility for the sound levels at which they listen to music. Some of the criticism is the iPod's earphones as well as the iPod itself, although the iPod's standard headphone jack can accommodate any number of headphones. So, I'm posing a new poll on the issue to the readers of this site: what do you think about the issue?