Will Apple fix my iPod for free?

Well a few weeks ago my friend's iPod had some problems. The button on the top of the iPod got stuck and he was unable to switch it off, he could only wait for the battery to die and then recharge it again. He went to the Apple store and they gave him a new one for free, he dint even have Apple Care or anything......

Well my iPod has the same problem, it hasnt been a year since i got it, so i was wondering if i could take it to the Apple store and they could fix it.