Sony BMG proposes deal & its legal issues come near an end

07 Jan 06 01:12 by Seán Byrne in category Uncategorized To news archive

Since the discovery of Sony BMG’s use of rootkits software back in October 2005, they have faced a serious amount of bad publicity and upset a lot of customers as a result of how they infected PCs with this, the serious side effects the rootkits caused, the license agreement problems and a security patch that caused more harm.  Worse still, the CDs that used MediaMax software automatically infected the PC with the MediaMax software even if the user declined the license agreement, not to mention it been classed as Spyware.

A short while later Sony BMG was faced with a consolidated class-action lawsuit, which they settled late December.  In an aim to regain customer’s trust, Sony BMG has proposed a deal to replace the CDs with something else, discontinue similar copy protection systems and go back to the drawing board with its DRM.  Those with XCP discs can get a free replacement, $7.50 cash or a Sony BMG album from one of three music download stores.  Those with DRM infected CDs from 2003 & 2004 can download DRM-free versions of their disc’s content.

Once the deal is approved by the US District Court for the Southern District of New York (if all goes to plan), it could pose problems for other content providers such as the movie studios who copy protect discs and downloadable content also, since the public are becoming more aware of the side effects of DRM.  Despite all the side effects DRM has caused Sony BMG, they still plan to use copy protection again later on.  To prevent this issue again, they will perform rigorous testing and prepare a plain English translated license agreement.  However, they have decided to discontinue its use of XCP and even MediaMax copy protection. 

src="http://www.cdfreaks.com/contentimages/newsimages/1398997388" align=right border=0
>Sony BMG will do rigorous testing to ensure that future copy-protection technologies don’t expose purchasers’ PCs to viruses and worms. It will conspicuously label copy-protected disks, as well as translate its end-user licensing agreement — the box of mind-dulling fine print demanding that consumers click “I Accept” before a CD can be installed on a computer — into plain English. The record company also will abandon the XCP and MediaMax digital-rights management technologies that came under fire.

src="http://www.cdfreaks.com/contentimages/newsimages/1247746314" align=left border=0
>That might sound like a common-sense approach to treating customers with honesty and fairness. Yet it actually breaks ground for an industry that’s terrified by growing digital piracy, and diving for cover under increasingly aggressive — and often sneaky — content-protection schemes.

If the settlement goes any distance toward restoring consumer trust in Sony BMG, it could lead to broader industry recognition that consumers are willing to work with content creators as long as those outfits don’t go too far. And other labels that use MediaMax technology might reconsider their digital-rights management.

The full in-depth article href="http://www.toptechnews.com/news/Sony-s-Legal-Woes-Near-End/story"
target=_new>can be read here.

It is hard to believe that even after all the serious problems Sony BMG has caused themselves, their musicians as well as the consumers that they still insist on returning back to copy protecting their discs later on.  Then again, while some would expect other music labels to start reconsidering the use of DRM, Capitol Records has put such restrictive DRM measures on Coldplay’s latest album that some considers are actually having problems finding something that will even play their disc, never mind copy it!

Source: Top Tech News

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7 Comments

LesterVegh
Posts: 82
Posted on: 07 Jan 06 01:55
Whatever the fallout will actually be, no one knows. I think the proposed settlement should include free home computer services to remove the rootkit. And Sony should also be made to pay for any time lost to a dead computer. The proposed settlement should cost Sony dearly.
heystoopid
Posts: 307
Posted on: 07 Jan 06 03:50
Interesting one cent in the dollar settlement, slap on the wrist with one strand of limp spaghetti, to clear a mere 25% of the problem, whilst remaining in the clear to hammer the rest of the world with their invasive rootkit DRM schemes! Well, it did prove one thing, all multinational corporations are now free to commit any form of cyber terrorism, in the guise of protecting themselves under the Bono DMCA, they feel free to use, with minimal penalties, if at all!
Roj
Posts: 434
Posted on: 07 Jan 06 15:58
Translation: "Let's buy 'em out now and stick it to 'em between the shoulder blades later." "**** 'em.
Crabbyappleton
Posts: 5757
Posted on: 07 Jan 06 16:20
I'm really tired of this "fear of piracy" excuse for legitimising the screwing over of the honest, paying customer with these annoying DRM schemes that are proprietary and buggy. There are laws on the books to take care of pirates. Plus, I am sure that if ever there comes a time when a foolproof DRM comes along, that when you buy a CD they will try to charge you 99 cents to rip a track. Any bets?
Hypnosis4U2NV
Posts: 1464
Posted on: 07 Jan 06 17:04
When they are guilty they are resposible for a mere $7.50 payout for damages.. When Joe Public is found guilty he is resposible for thousands of dollars in payout for damages.. Does this surprise anyone? :r
Drum
Posts: 80
Posted on: 08 Jan 06 05:05
This is a typical class action law suit. Class gets pennies, Lawyers get millions! Peole need to tell the Judge the settlement is not enough. Better yet the Justice Dept. and our elected officials (find one not getting money from Sony) should be speaking up. I haven't heard much from them. They are real quick to get on their knees and open wide for the RIAA and MPAA, what happened to the people they are supposed to represent who are getting screwed?
weedougie
Posts: 1409
Posted on: 08 Jan 06 12:34
When you look at what was done in their name when bit torrent downloader's were pursued into bankruptcy for illegal downloads this settlement is grossly unfair. Sony's CEO is now squealing like a stuck pig saying it has nothing to do with Sony. They are in a better position to pay substantial damages than ordinary people. International corporations are the new Nazi's using sledgehammer tactics on ordinary people. On rule for them and one rule (or no fair rules) for us.

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