Saturday, August 23, 2014
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
G.Skill Ripjaws DDR4 Will Be Available Up to DDR4-3200
Could Amazon Challenge Google's Ad Business?
German Regulator Will Pursue Complaint Against Publishers
IBM Tries To Strengthen Its Presence In China With Local Vendor Deal
Demand For iPhone 6 Screens Add Perssure To Supply Chain
Intel Highlights Its Wireless Computing Plans
Ouya Parners With Xiaomi On Games
Sony Offers New Smart Tennis Sensor
Active Discussions
help questions structure DVDR
Made video, won't play back easily
Questions durability monitor LCD
Questions fungus CD/DVD Media, Some expert engineer in optical media can help me?
CD, DVD and Blu-ray burning for Android in development
IBM supercharges Power servers with graphics chips
Werner Vogels: four cloud computing trends for 2014
Video editing software.
 Home > News > Optical Storage > Prelimi...
Last 7 Days News : SU MO TU WE TH FR SA All News

Saturday, December 31, 2005
Preliminary Settlement Filed in Sony Suit


Lawyers in a class action lawsuit filed against Sony BMG last month have submitted a preliminary settlement, which calls for Sony to stop manufacturing CDs with XCP and MediaMax DRM, provide replacement discs, and make cash payments to affected customers.

Lawsuits were filed on November 14 in New York and other states by Girard Gibs and Kamber & Associates, and class action status was granted December 1. The cases claimed that Sony's digital rights management, which attempts to stop computer users from copying a CD's audio tracks to a hard drive, is invasive and damaging to computer systems.

Sony employed technology from First 4 Internet (F4I) that uses a "rootkit" to hide the DRM and prevent its removal. Shortly thereafter, it was discovered that Sony's other copy protection software, SunnComm MediaMax, also poses a security risk and installs without a user's permission.

The two sides met in early December and began "virtual round-the-clock" negotiations about reaching an agreeable settlement. According to the settlement filing viewed by BetaNews, the goal was to provide prompt relief to affected customers and "limit the risk that these consumers' computers would be vulnerable to malicious software."

The settlement terms include all customers who "came into possession of or otherwise used" at least one CD with MediaMax or XCP software on it since August 1, 2003. Sony BMG resellers and distributors are not included, nor are former and current employees of the company.

Sony will continue its exchange program to replace XCP affected CDs with "clean" DRM-free copies and enable customers to download MP3 versions from its Web site. In addition, the company will offer a choice of two incentive packages to ensure XCP CDs are removed from the market.

"Incentive #1" will provide customers with a cash payment of $7.50 and a free download of one album from a list of more than 200 titles. "Incentive #2" removes the cash payment but allows for downloads of three albums.

The downloads will be handled using a promotion code with three major music download services, of which one will be Apple's iTunes. Promotion codes will be valid for six months. Owners of MediaMax CDs, meanwhile, will be offered MP3 versions of the music and one free album download.

In order to be eligible, an individual must return the XCP laden CD to Sony, or provide the company with a receipt showing the return or exchange of the CD at a retailer after November 14. A claim form will be required, as will verification that XCP was uninstalled or updated.

As part of the settlement Sony will continue to issue the XCP Update software, which removes the rootkit cloaking mechanism, and make available a full uninstaller. An update to correct the MediaMax vulnerability will also be issued, and Sony has agreed to work with security professionals to ensure the software is free of known vulnerabilities.

In addition, the three defendants have agreed not to use the data collected from MediaMax and XCP, and will no longer collect personal information from any copy protected CD without a user's express consent. An independent third party will be hired to verify this requirement for 2006 and 2007, and the results will be posted on Sony's Web site.

The defendants will also waive certain provisions of the XCP and MediaMax license agreements, including the restricted use of audio files and requirement that the DRM be updated.

Until 2008, Sony has agreed not to manufacture or distribute CDs with the XCP software, and will no longer manufacture MediaMax 3.0 or MediaMax 5.0 CDs. Unlike albums with XCP, MediaMax CDs currently in circulation will not be recalled.

If Sony decides to ship CDs with new copy protection software before 2008, it must ensure the DRM will not be installed without proper consent, make an uninstaller readily available to customers, and ensure it will not create known security vulnerabilities.

The company has additionally agreed to collect only limited information, such as IP address and data on the CD itself, and will include "a written disclosure in plain English that the CD contains content protection software and a brief description of the software."

If approved, the class will be notified of the settlement terms through e-mail and advertising, and a hearing will be scheduled for a final approval. The current terms do not include an award of attorneys' fees and reimbursement of costs, which could be in the millions.

As class members will release Sony BMG, F4I and SunnComm of all claims by agreeing to the settlement, they may opt out. If more than 1,000 individuals decide to opt out, Sony could withdraw from the settlement. F4I and SunnComm may also choose to be excluded before January 16, 2006, which would leave the companies open to individual lawsuits.

Courtesy of BetaNews!


Previous
Next
Intel Set to 'Leap Ahead' in 2006        All News        Amazon.com Announces "Best of 2005 List"
RIDATA at CES Show     Optical Storage News      NME and Beijing E-World Technology Co., Ltd To Launch Total Red Laser HD Solution

Source Link Get RSS feed Easy Print E-Mail this Message

Related News
Sony Offers New Smart Tennis Sensor
Sony Debuts Ultra-Compact a5100 Interchangeable Lens Camera
Sony, Huawei, Microsoft To Announce New Smartphones at 2014 IFA
Sony And Best Buy To Jointly Boost 4K Content
Sony Bravia S90 TV With Curved Screen Coming In Europe
Sony Releases The AS20 Action Cam, New Cyber-shots
Sony Reports First Quarter Profit
Sony Settles 2011 PSN Hacking Case
Sony Xperia Z3 Specs Leaked
Sony Invests in Image Sensor Production
Sony Failed To Pay Web Hosting Bills
New Sony Software Upgrade For Xperia T2 Ultra

Most Popular News
 
Home | News | All News | Reviews | Articles | Guides | Download | Expert Area | Forum | Site Info
Site best viewed at 1024x768+ - CDRINFO.COM 1998-2014 - All rights reserved -
Privacy policy - Contact Us .