Sony BMG DRM class action
p2p news / p2pnet: Entertainment cartel member Sony BMG is on the receiving end of at least two class actions following its use of DRM (Digital Restrictions Management) spyware on some of its music CDs.
You can bet more will follow.
"A class-action lawsuit has been filed on behalf of California consumers who may have been harmed by anti-piracy software installed by some Sony music CDs," says the Washington Post, going on that a second, nationwide class-action lawsuit was expected to be filed against Sony in New York yesterday, "seeking relief for all U.S. consumers who have purchased any of the 20 music CDs in question".
Sony spokesman John McKay declined to comment on the suits, says the story.
Britain’s First 4 Internet developed the spyware, as it’s been officially labeled by Computer Associates.
Sony BMG is reaping the benefits.
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First they ignore you, then they laugh at you, then they fight you, then you win
- Mohandas Gandhi
Tired of being treated like a criminal? They depend on you, not the other way around. Don’t buy their ‘product’. Do bug your local political representatives. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you’re into organizing, organize petitions, organize demonstrations and then turn up on your local political rep’s doorstep, making sure you’ve contacted your local tv/radio station/newspaper in advance.
See:-
spyware – Sony BMG rootkit DRM saga, November 7, 2005
Washington Post – Calif. Lawsuit Targets Sony, November 8, 2005
Computer Associates – Antivirus firm CA finds security risk in Sony’s DRM rootkit, November 10, 2005
November 10th, 2005 at 4:59 pm
Apparently the EFF is seriously considering action and Italy’s ACLEI (their version of the EFF I believe) has launched a complaint as well.
The first of many indeed.
–Tin
November 10th, 2005 at 6:36 pm
Well it happend. Have nice DRM Virus day!
http://www.theregister.co.uk/2005/11/10/sony_drm_trojan/
November 10th, 2005 at 7:01 pm
More info on the possible EFF action:
http://www.eff.org/deeplinks/archives/004149.php
–Tin
November 10th, 2005 at 8:42 pm
This trespass has finally made it to the lamescream internet media sites.
I checked Sony’s website just a minute agao and found that there was no patch posted within easy searching. I hope that they get their asses sued off of them. I also wouldn’t mind it if the C.E.O. of this company got a bit of jail time as well. I mean if I did the same thing, that is where I would wind up.
November 11th, 2005 at 6:57 am
Sony deserves all that they get from this. The news is spreading and the public is outraged. The class action lawsuits are good as they bring more attention to the situation, but individual lawsuits would be even better as it would force them to defend themselves not in just one courtroom, but in every jurisdiction. Think of what this would cost them. DRM should be outlawed after this. Both the Rootkit authors and the Sony execs who approved it and implemented it should face criminal penalties for their actions. So far all the attention is directed at Sony, which they deserve, but First 4 Internet should face the same heat and should be sued out of existence along with Sony. If you’ve been sued and own any of the cds in question, here’s your golden opportunity to strike back:)
Newsflash to the entertainment industry:
You need us. We don’t need you. If you want to succeed in the digital age, you must give us what we want, how we want it, or we won’t buy it, period. We want to support our favorite artists, but not with your terms. As long as you continue to treat everyone like criminals you stand no chance of succeeding. You’ve waged a war you can never win, much like the “War on Drugs” and the “War on Terrorism”. Not with all the money in the world will these wars, or yours, ever be won. The public will not stand for your total control. Lose the DRM, lower your prices, find and nurture some actual talent instead of looking for the next “Flavor of the Day” or a new pretty face to plaster over every magazine cover, and embrace the technology or continue to become irrelevant. If this is the best you can do, you can keep your current product because I don’t want it, and I certainly don’t need it. We will continue to regurgitate the BS as you try to shove it down our throats. Wanna count losses? Try counting all the money you COULD have received over the last 5 years if only you would have pursued a collective licensing agreement from the start. Think of all the money you would have collected AND all the money you would have saved. I’m talking about the millions you currently spend on lawyers, useless DRM “solutions”, your internet spies, all the litigation heading your way for once, and what it’s costing you to redo all that’s already been done for you, free of charge, in terms of digitizing the content. That oughtta make your head spin.
Lastly, Stop your damn whining!! You lost any credability long ago. We don’t believe anything you have to say anymore anyway.
Newsflash to the artists:
You need us. We don’t need you. We like you, but we really don’t NEED you. It’s time for you to return the love you’ve received from your adoring fans. It’s time for you to embrace the technology and cut out the bloodsucking middlemen. You have the most to gain and the most to lose. Make sure your fans are happy and you will surely gain, support the industry and their devious tactics and go down with their sinking ship. I want to give my money to YOU, not some suit & tie CEO hell bent on destroying my life because of my love for you. Ignore the devil when he comes knocking with the big wad of cash and false promises. I know it’s hard, but if you are truly good you’ll succeed on your own or with an independent label just fine. If you put the music and your fans first, success will surely follow.
Newsflash for the polititions:
You need us. We don’t need you. We are watching and taking notes like never before. Corruption is rampant in politics today anywhere you go and the public is better informed than ever in this age of information. The little laws you try to skirt through passage aren’t going unnoticed anymore. It’s time for you to speak for “We the people” and not your own self-interests. It is YOUR job to write laws that do what’s best for the country and EVERY person in it. Since when do corporations get to write their own laws whose purpose only suits themselves? Those big donations won’t mean squat when the average citizens unite and toss you out on your sorry asses come election time. It’s time to leave the political bickering to the polititions and for the rest of us to unite and take out the trash in all the parties. The DMCA and all it’s incarnations need to be abolished and rewritten with consideration for all sides, with any punishments fitting to the crime. I do NOT consider copying something to be a greater offense than that of one who inflicts bodily harm upon another.
Incumbents… be afraid! The public is becoming increasingly disgusted with your performance.
November 11th, 2005 at 7:26 am
Amen, Kudos to this poster.
November 11th, 2005 at 9:16 am
Sony’s apparent attitude towards their customers as evidenced by their rootkit and their behaviour since it’s discovery.
http://www.ctrlaltdel-online.com/comic.php?d=20051104
It’ll be interesting to see if it changes after the trials.
November 11th, 2005 at 12:17 pm
Probably when Sony-BMG get the lawsuit, they get along with the lwasuit, the name of the judge who has the case. Then Sony-BMG will hire a lawyers who “works” the judge. Then everything will be taken care of. For appearances a trial may be held but Sony-BMG will be favored. At least it is a lottery, the chance of getting an honest judge.
Unfortunately that is how the system works most of the time that large or corrupt organizations are sued by the common people. Also unfortunately is the fact that the common people are not warned by their lawyers as to how the courts work before they lawyers are hired by the common people.
My family sued Sony in 2001 and what happenned? Nothing during the first five years. The case is in sleep mode, whatever that is. We claim and Sony does not deny that they have made at least 16 records that include songs we own (our father was the composer) without any license. Over 5 millions of the infringing records have been sold.
Clearly the judicial system is a lottery.
Rafael Venegas
http://www.gvenegas.com