One down, many to go: Sony settles in NY

Remember that little bit of DRM software that Sony was surreptitiously installing on users' computers through MediaMax- and XCP-enabled CDs? No? You know, the one that Sony thought people shouldn't be making a big deal about, because if you don't know something is on your computer, it certainly can't hurt you? Well anyway, they've been getting hit with lawsuits left and right over this blogger-initiated fiasco, even after showing a small amount of penance by recalling the dirty discs and offering exchanges/free downloads to affected customers, and they've settled the first class action suit brought by New York attorney Scott Kamber. Neither side can comment before the settlement is officially announced, but court documents show that Sony has agreed to: 1. Stop making the sneaky CDs (duh), 2. "Implement consumer-oriented changes in operating practices" with respect to DRM-packing CDs, 3. Refrain from collecting personal info on the victims of the MediaMax and XCP tragedy without their consent, and 4. Pay out some cold, hard cash, along with replacement CDs and more free downloads. Even though this case looks like it's in the bag, Sony still has to do battle with the attorney general of Texas, the EFF, and other consumers/A.G.s who are mad as hell and aren't going to take it anymore.

[Via The Washington Post, thanks Mack]

[(Unverified) Posted Dec 29th 2005 4:44PM]

Speaking of which...I got my replacement CDs today!! The sweet UPS man delivered them right to my door! ^_^

[kansei Posted Dec 29th 2005 5:00PM]

since when were they replacing the SunnComm discs? I have a few but when I registered my complaint with Sony and contacted one of the firms suing Sony they said only XCP discs were a part of it.

[(Unverified) Posted Dec 29th 2005 6:10PM]

I wonder if any "malicious DRM" schemes like this have flown under the radar, unbeknownst to us proletarians.



Perhaps the question should be "how many".

[(Unverified) Posted Dec 29th 2005 6:19PM]

Maybe the big music companies will see this and realize that the more rabid they are about RIAA suits the more consumers will rake them over the coals for their slip ups.



Or maybe this is just a bunch of lawyers being opportunistic, who can say really.

[(Unverified) Posted Dec 29th 2005 7:39PM]

BTW: When will criminal charges be filed against them for planting software on thousands of pcs without the owners' knowledge?



If it were me who did the same, what would happen to me?



hmmm, maybe I ought to incorporate since the law doesn't seem to apply to big business..

[(Unverified) Posted Dec 29th 2005 7:44PM]

BTW: What about Sony's infringement of the open-source software they used? Let's not forget that..

[marklyon Posted Dec 30th 2005 1:33AM]

This case settles more than just the New York case, it settles the case for every single US Citizen who doesn't opt out. If at least 1000 people opt out, Sony reserved the right to cancel the settlement. Further, the settlement does nothing to help people whose computers were infected with viruses or started to malfunction as a result.



http://www.sonysuit.com offers guidance on how victims can sue Sony on their own in small claims court.



For more information about the settlement, including the documents in support that have been filed with the court, visit: http://sonysuit.com/classactions/michaelson/

[Paco Posted Dec 30th 2005 9:27AM]

In honer of this moment I shall play for you "Twisted Sister - We're Not Going To Take"

[(Unverified) Posted Dec 30th 2005 10:01AM]

But were they really punished. The NY AG should've raked them bad over the coals. This was too easy for them to get away with, they need to be made an example of. If one of use pulled a stunt like these, we'd be off to jail to be the new block bitch.