In respect to the Apple IPOD settlement, it states that Apple may
replace my IPOD. Will they replace with the same model?

From the settlement itself:

"Apple will replace a consumer?s iPod with an iPod of similar or
better quality if the battery?s ability to hold an electrical charge
has diminished."

They would replace it with that model or a better model-- but probably
a better model only if they don't make your model anymore, I would
presume.

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Request for Answer Clarification by ndwolst-ga on 22 Aug 2006 21:59 PDT

I appreciate your response. However, I have read the terms and
conditions of the IPOD Settlement Offer and no where does it state
that the IPOD would be replaced with a better model. This anwswer is
more of presumption that an actual researched answer, (althought I
doubt anyone but Apple could tell us this information.)

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Clarification of Answer by keystroke-ga on 25 Aug 2006 06:58 PDT

Hi ndwolst,

http://www.appleipodsettlement.com/notice.pdf

"Apple will replace a consumer?s iPod with an iPod of similar or
better quality if the battery?s ability to hold an electrical charge
has diminished."

Presumably, Apple will NOT replace an Ipod with a better model-- that
is simply included in the terms of the settlement as seen above. The
Ipod would be replaced with a similar model of comparable quality,
first, and if a similar model is not available for some reason, it
would have to be replaced with a better model, per the terms of the
settlement. Basically, what this amounts to is that you will never
have your Ipod replaced by a lesser model. It would have to be
"similar or better quality." However, I'm sure that a similar model
could almost always be found and it would be rare that Apple would
replace your player with a better one. It obviously wouldn't be in the
best interest of their bottom line to do so.

So no, in most cases, your Ipod would NOT be replaced with a better
model. That is included in the settlement to ensure that the player
would not be replaced with a worse model in cases where the exact same
Ipod no longer exists or isn't available.

It would be nice to have a link giving an authoritative reference to
the quote provided by keystroke-ga. Search strategy would be nice.

I searched via Google for the text of the settlement. The term I used
was "iPod Settlement". This resulted in the Notice of Pendency and
Proposed Settlement of Class Action from the Superior Court of The
State of California at http://www.appleipodsettlement.com/notice.pdf

The quote I pasted is on Page 1, Section II - Battery Replacement Program.