After being forced to lower the maximum volume for all iPods sold in France, and being sued by a man claiming that the iPod might have damaged his hearing because it did not display enough warning that he should not listen to it at the maximum possible volume, Apple has cut the problem from the root, with a software update.

Owners of the iPod nano and fifth generation iPod will be able to set their own personal maximum volume limit. The software also allows parents to set a maximum volume limit on their child's iPod and lock it with a combination code.

"As the leading provider of digital music players, Apple continuously brings iPod customers innovative and easy to use solutions," said Greg Joswiak, Apple's vice president of Worldwide iPod Product Marketing. "With the increased attention in this area, we want to offer customers an easy to use option to set their own personal volume limit."

The move was well received by all those who have raised the issue of possible hearing loss, and especially by parents who can now ensure that their children cannot accidentally cause damage to their hearing.

"I commend Apple for taking this important first step in giving consumers the tools they need to protect themselves from possible hearing loss," said Representative Edward J. Markey (D-MA), a senior Democrat on the House Energy & Commerce Committee. "There is no doubt that consumers have benefited from the remarkable innovation we have seen in portable music players over the past few years in terms of both choice and value, but we need to make sure to avoid preventable hearing damage that could turn consumers off to these devices permanently. It is my hope that other portable music device manufacturers will follow Apple's lead and give consumers the chance to set the maximum volume at a safe level."

The free software update is available from the Apple site and works with any headphone or accessory plugged into the iPod headphone jack as well as the iPod Radio Remote.