You've listened to the safety briefing? Apparently you've not actually paid attention...it's "electronic" equipment, not "electrical" equipment.

However...an iPod is a piece of electronic equipment that uses electric power. So yes, it is indeed "banned" until the plane has reached 10,000 ft. and once it has descended below 10,000 ft. If an FA hasn't asked you to turn it off, it's likely they've just not realized you're using it.

We can debate the necessity of this "ban" all day long...but strictly speaking, yes you are breaking the rules.