Sony BMG "rootkit" class action settled: time to submit your claim
By Thomas Ricker 
posted May 23rd 2006 9:20AM
posted May 23rd 2006 9:20AM
Listen up anyone who "purchased, received, came into possession of or otherwise used" music CDs containing Sony's flawed DRM software anytime after August 1, 2003. Under the terms of the class action settlement approved Monday, you are entitled to file a claim for a replacement CD, free downloads of music from that CD (with Apple's iTunes named as one of the three download services, ironically), and even "additional cash payments" which we presume are likely to amount to a stack of Abes, not Benjamins, folks. Pretty much what Sony BMG was already offering to their customers when this whole fiasco hit back in November. Additionally, Sony BMG definitively agreed to halt manufacture or distribution of that XCP and MediaMax nastiness masked by the rootkit. Now be sure to get your claim in now consumers, so that Sony BMG hears loud and clear that you do know what a rootkit is, and yes, you care. Afterall, the settlement only lasts until the end of 2007 at which point Sony BMG is free to introduce copy protection software once again. Click the read link for a PDF copy of the settlement.[Via c|net News]
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Is it actually Sony or Sony BGM?
I always thought Sony and Sony BGM were kept strictly as different companies?
I read that DRM protection on the music CD was nothing to-do with Sony's consumer electronics side?
Can someone tell me the real deal.
If I read the settlement right, only those who had a copy of a XCP cd are able to get a DRM-free copy of the CD.
Those of us who had MediaMax CD's (like the Foo Fighters "In Your Honor") are stuck with free downloads, which are inferior in quality.
I don't get why MediaMax's copy protection isn't considered the same as XCP's. It basically does the same thing, installing software on your computer without your knowledge or consent
And once again, Canada gets shafted. This only applies to people in the United States, when I'm stuck with the same DRM riddled Disc's. Oh well, I haven't met a copy protection scheme that I haven't been able to "bypass" so I can legally listen to my music on my iPod. My Foo Fighters "In your Honor" was one of the more challangeing ones to get the music off of, at least now I know why.
I took advantage of this with a Natasha Beddingfield CD. Received a non-DRM replacement CD shortly after as well as a free download of the CD on iTunes as well as 2 more free complimentary downloads. It was a relatively painless experience - UPS shipping was even paid for.
"1. Is it actually Sony or Sony BGM?"
It's Sony BMG. Folks seem to have the habit of interchangebly using Sony with Sony BMG.
"I always thought Sony and Sony BGM were kept strictly as different companies?
I read that DRM protection on the music CD was nothing to-do with Sony's consumer electronics side?"
That is correct. Techinically, outside of Sony Music Japan, Sony no longer has a music subsidiary. Sony BMG is a (50/50) joint venture between Sony and Bertelsmann AG. Think of it as like MSNBC (joint venture between Microsoft and NBC Universal).
Sadly the writing of the article is because it creates confusion with several aspects.
From the Article:
"Listen up anyone who "purchased, received, came into possession of or otherwise used" music CDs containing Sony's flawed DRM software anytime after 1 August, 2003."
First of all, XCP and MediaMax are not DRM, they're TPMs (there is a distinction). Secondly, the article incorrectly refers to the software as "Sony's flawed DRM" which for one; it is not "Sony's", nor is it Sony BMG's. Sony BMG does not own XCP or MediaMax, it is a customer and distributor (much like most online musicstores are customers and distributors of Windows Media Rights Management software (now this is DRM)).
Also, you wouldn't be able find CD's back in 2003 with "Sony's flawed DRM" since Sony Music Entertainment didn't use MediaMax back then. BMG however distributed MediaMax as far back as 2003 (along with other SunnComm TPMs).2005 was the first public distribution of XCP (Universal had agreement to use it as but I presume this is pretty much dead)...
I also was an early victim of the Foo Fighter disk. So what I gather from this is that I can buy Sony CD's until 2007. I hadn't bought a CD in the last year since the "In Your Honor" infection. I bought the fist disks only last week and it was because Pearl Jam released a CD. Pearl Jam took on ticketmaster, so I trust them.
I can't bring myself to steal music, maybe because I write software, but it would be less dangerous than letting Sony into my computer. Having 4 music companies on the planet is bad for me, you, the artists, everyone except the 4 music companies. Music in general is an incredible bargain. I get so much joy out of the music that I buy. It's too bad that men with no soul like Stringer get control of great things like Sony. Oh well, in the long run, they're doomed. I boycott all Sony now, despite having bought everything Sony for the last three decades. I tell everyone to boycott Sony. But I can't buy artists that Sony owns (like slaves) from anyone else so I have no choice. Until they fold and another company gets their slaves.
So how many people will skip post #5 and just comment on how they're boycotting Sony electronic products?
For all this outrage over Rootkit,
Exactly how many people that technophiles that even know what rootkit was actually bought a Sony-BGM CD and used it in their computer?
Fact is, vast majority of readership of the Sony-hating Engadget/Digg/Slashdot/ect are probably smarter than use a Sony-BGM CD in their PC anyway. And most people that complain about DRM probably already download their music as MP3s from various non-RIAA approved places.
I still avoid Sony releases, because I know that their recall was incomplete, and many discs from the period have not been re-released without the malware. I feel sorry for the artists on Sony and their associated labels.
BMG and Sony were separate at one time, but now there are only four major labels at best.
Guess it is the lawyers who won in this settlement. Consumers get what they would have with Sony's previous offer and there is no remedy for people who spent then time and the money to fix or clean their computer of the rootkit.
so if i bought a cd then how do i get a refund or drm free cd/free downloads?