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ireland
AfterDawn Addict
29 Dec 2005 3:05 PM
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Sony settles 'rootkit' class action lawsuit
By Ingrid Marson
Special to CNET News.com
Published: December 29, 2005, 9:12 AM PST
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Sony BMG has struck a deal with the plaintiffs in a class action lawsuit over copy-restriction software it used in music CDs, according to a settlement document filed at a New York court Wednesday.
The record label has agreed to compensate buyers of CDs that contained the XCP and MediaMax DRM programs and to provide software utilities to allow consumers to uninstall both types of software from their computer.
The furor over Sony's DRM software began at the end of October when a U.S. programmer discovered that XCP software on a Sony music CD had installed copy-restriction software on his computer that was hidden using a rootkit. Antivirus companies later discovered Trojan horses that exploited this software to avoid detection and found that another type of Sony DRM, MediaMax, also posed a security risk.
During November a number of individuals filed cases against Sony at courts across America. These cases were granted class action status Dec. 1.
Sony BMG met lawyers from the firm handling the class action suit in early December and engaged in "virtual round-the-clock settlement negotiations", according to the settlement filing, which has been posted on the Sunbelt Software Web site.
In the settlement filing, Sony states that it will immediately recall all XCP CDs and replace them with non-content-protected CDs. It has also agreed to offer incentives to U.S. customers to "ensure that XCP CDs are promptly removed from the market." Sony first released details about its CD recall scheme in late November.
Customers who exchange their XCP CD can either download three albums from a list of over 200 titles, or claim a cash payment of $7.50 and a free download of one album. To claim this compensation, customers must return their XCP CDs to Sony or provide the company with a receipt showing they returned or exchanged the CD at a retailer after Nov. 14.
Sony is not recalling MediaMax CDs, but has agreed to compensate buyers of these albums by allowing them to download one free album, as well as offering them MP3 versions of the music on the MediaMax album.
The settlement filing is awaiting approval by the U.S. District Court for the Southern District of New York.
Ingrid Marson of ZDNet UK reported from London.
http://news.com.com/Sony+settles+rootkit+class+action+lawsuit/2100-1002_3-6012173.html?tag=nefd.top
« Last Edit: Today at 2:50pm by Ireland » Logged
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ireland
AfterDawn Addict
29 Dec 2005 3:07 PM
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Sony settles class action lawsuit over DRM
Ingrid Marson
ZDNet UK
December 29, 2005, 14:55 GMT
Talkback
Tell us your opinion
The record label has agreed to offer US customers money and free downloads to encourage them to replace CDs that secretly install rootkit software
Sony BMG has struck a deal with the plaintiffs involved in a class action lawsuit over copy-restriction software it used in music CDs, according to a settlement document filed at a New York court on Wednesday.
The record label has agreed to compensate buyers of CDs that contained the XCP and MediaMax DRM programs, and to provide software utilities to allow consumers to uninstall both types of software from their computer.
The furore over Sony's DRM software began at the end of October when a US programmer discovered that XCP software on a Sony music CD had installed copy-restriction software on his computer that was hidden using a rootkit. Antivirus companies later discovered Trojan horses that exploited this software to avoid detection and found that another type of Sony DRM, MediaMax, also posed a security risk.
During November a number of individuals filed cases against Sony at courts across America. These cases were granted class action status on 1 December.
Sony BMG met lawyers from the firm handling the class action suit in early December and engaged in "virtual round-the-clock settlement negotiations", according to the settlement filing, which has been posted on the Sunbelt Software Web site.
In the settlement filing, Sony states that it will immediately recall all XCP CDs and replace them with a non-contented protected CD. It has also agreed to offer incentives to US customers to "ensure that XCP CDs are promptly removed from the market". Sony first released details about its CD recall scheme in late November.
Customers who exchange their XCP CD can either download three albums from a list of over 200 titles, or can claim a cash payment of $7.50 (Ł4.36) and a free download of one album. To claim this compensation, customers must return their XCP CDs to Sony, or provide the company with a receipt showing they returned or exchanged the CD at a retailer after November 14.
Sony is not recalling MediaMax CDs, but has agreed to compensate buyers of these albums by allowing them to download one free album, as well as offering them MP3 versions of the music on the MediaMax album.
More details on the settlement filing, which is awaiting approval by the district court in the southern district of New York, can be found on the Sunbelt Web site.
http://news.zdnet.co.uk/business/legal/0,39020651,39244664,00.htm
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ireland
AfterDawn Addict
29 Dec 2005 3:07 PM
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Preliminary settlement for Sony suit
Girard Gibs and Kamber and Associates sued Sony BMG, First 4 Internet and SunnComm International last month in regard to the Sony rootkit mess.
We have obtained a copy of a preliminary settlement that was filed today seeking judicial approval for a settlement in the Sony case.
The proposed settlement is as follows:
Under the terms of the settlement, Defendants agree to:
• stop manufacturing SONY BMG CDs with XCP software (“XCP CDs”) and SONY BMG CDs with MediaMax software (“MediaMax CDs”);
• immediately recall all XCP CDs;
• provide software to update and uninstall XCP and MediaMax content protection software from consumers’ computers;
• ensure that ongoing fixes to all SONY BMG content protection software are readily available to consumers;
• implement consumer-oriented changes in operating practices with respect to all CDs with content protection software that SONY BMG manufactures in the next two years;
• waive specified provisions currently contained in XCP and MediaMax software End-User Licensing Agreements (“EULAs”);
• refrain from collecting personal information about users of XCP CDs or MediaMax CDs without their affirmative consent; and
• provide additional settlement benefits to Settlement Class Members including cash payments, “clean” replacement CDs without content protection software, and free music downloads.
Much more reading in the proposed settlement, which you can read here.
http://sunbeltblog.blogspot.com/2005/12/exclusive-preliminary-settlement-for.html
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Lethal_B
Moderator
21 Jan 2006 10:26 PM
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Well, If nothing else, at least they are amending their faults ~ still won't be buying anything from Sony anytime soon ~ Especially anything I have to / may hook up to my PC..
This message has been edited since posting. Last time this message was edited on 15 Apr 2006 2:07 PM
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ireland
AfterDawn Addict
22 Jan 2006 3:51 AM
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Lethal_B
ye guys should come over more offen.
i can set ye up a b/s thread..and make it a sticky.
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Lethal_B
Moderator
15 Apr 2006 2:10 PM
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I will visit more often, ireland. Thanks for the invitation :-)
This message has been edited since posting. Last time this message was edited on 15 Apr 2006 2:10 PM
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It is already over 90 days since last post to this thread, you're not allowed to post here anymore.
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