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Sony BMG suing creators of MediaMax DRM for $12M
It's been two years since Sony BMG got hit with a number of class action lawsuits for shipping CDs that stealthily installed malware DRM on Windows machines without user permission, and it looks like the company is trying to get back the $5.75M it lost replacing affected discs by suing Amergence, the developer of MediaMax, one of the two DRM systems Sony was using at the time. MediaMax is unrelated to XCP, the infamous "rootkit" DRM at the center of the controversy, but it also installed itself without permission and contained a major security hole, leading Sony to recall both XCP and MediaMax-protected CDs. For its part, Amergence (which used to be called SunnComm) claims that XCP was the real problem and that Sony BMG's demand for final authority over MediaMax's functional specifications insulate it from any liability -- arguments that don't seem like they'll cause any consternation for Sony's legal team. DIsclaimer: Although the author of this post is an attorney, it is not legal advice or analysis and should not be construed as such.
Sony BMG "rootkit" class action settled: time to submit your claim
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]
