Texas joins Sue Sony frenzy
p2p news / p2pnet: The state of Texas is suing Sony BMG Music Entertainment for secretly embedding CDs with Digital Restrictions Management spyware that leaves computers open to hackers.
Texas was the first, but it won’t be the last.
“Sony has engaged in a technological version of cloak-and-dagger deceit against consumers by hiding secret files on their computers,” the Houston Chronicle has attorney general Greg Abbott saying.
The lawsuit calls for $100,000 in damages for each violation to the state under the new Consumer Protection Against Computer Spyware Act of 2005 which bans hidden tracking tools.
“Consumers who purchased a Sony CD thought they were buying music. Instead, they received spyware that can damage a computer, subject it to viruses and expose the consumer to possible identity crime,” says Abbott in the story.
Sony BMG is “fully cooperating with the attorney general,” it says, going on, “Abbott’s lawsuit seeks to determine what purposes Sony might have had in placing the software on computers, which affects Microsoft Windows folders, beyond merely tracking piracy violations.”
Sony BMG says the descriptionof its spyware as spyware is inaccurate and has opened an “information” spin site. It says victims can get replacement CDs snail-mailed postage-free.
“The company initially rejected the uproar over XCP as technobabble,” says the Associated Press.
Sony BMG (Japan and Germany) has also been named in a number of class actions.
“When XCP-enabled discs are loaded into a computer – a necessary step for transferring music to Apple Computer’s iPods and other portable music players – the CD installs a program that restricts copying and makes it extremely inconvenient to transfer songs into the format used by iPods,” says AP, going on:
“Security researchers say XCP is spyware because it secretly transmits details about what music the PC is playing. Manual attempts to remove the software, which works only on Windows PCs, can disable the PC’s optical drive.”
In another interesting development, SunnComm has hired ex-Sony BMG execuctive Kevin M. Clement as its president and ceo for MediaMax.
“I am looking forward to building a world-class technology organization focused on delivering high-quality consumer friendly content protection products,” says Clements.
So far, there have been no demands from Lamar Smith to have Andy Lack or any other Sony BMG executives thrown into jail.
Lack is also one of the people behind Mashboxx, the corporate ‘p2p’ application which was due to launch a beta this month.
Also read:-
Houston Chronicle – Texas sues Sony BMG over spyware cloaked in CDs, November 22, 2005
Associated Press – Sony BMG faces two lawsuits over anti-piracy software, November 22, 2005
class actions – EFF joins Sue Sony class actions, November 21, 2005
consumer friendly – SunnComm hires Sony BMG guy, November 21, 2005
Lamar Smith – Lamar Smith crows over victory, October 3, 2005
November 22nd, 2005 at 2:20 pm
Too bad that the Texas consumers will in all likelyhood receive less than a hunderd dollars in damages. Unfortunately, all that mney will most likely go to the lawyers and the state. It would still be nice to see Sony driven into bankrupcy.
November 22nd, 2005 at 2:56 pm
They will probably do what was done with Microsoft…Consolidate all cases into one big one and hash it out at the federal level.
November 22nd, 2005 at 3:30 pm
Watch out. This is the Bush state. Sony may have requested the inevitable lawsuit on friendly turf. If Sony looses but only has to pay minimal damages then others in other states will de discouraged to sue Sony.
Watch out if the lawsuit asks for punitive damages (Texas is a punitive damage state). If punitive damages are not asked for, the lawsuit is suspect.
Rafael Venegas
http://www.gvenegas.com