Sony BMG rootkit DRM deal
p2p news / p2pnet: Sony BMG should stop making CDs polluted with secret First 4 Internet XCP spyware and SunnComm MediaMax DRM (which opens users to security hacks), provide replacement discs, and make cash payments to affected customers.
Those are the principal demands in class actions filed in New York, last month, and which hinge on claims that, “Sony’s digital rights management, which attempts to stop computer users from copying a CD’s audio tracks to a hard drive, is invasive and damaging to computer systems,” says BetaNews, with documents from Alex Eckelberry on the Sunbelt blog as background
In what’s become one of the most widely publicised examples of the supreme contempt in which Sony BMG, a member of the Big Four Organized Music cartel, holds its customers, it tried to plant rootkit DRM spyware on computers through music CDs loaded with the hidden software.
Sony BMG executive Thomas Hesse later tried to spin the issue as “slight”.
“The two sides met in early December and began “virtual round-the-clock” negotiations about reaching an agreeable settlement., says BetaNews. The goal was, “to provide prompt relief” to affected customers and “limit the risk that these consumers’ computers would be vulnerable to malicious software.”
Settlement terms include all customers who, “came into possession of or otherwise used” at least one CD with MediaMax or XCP software on it since August 1, 2003,” says the story. “Sony BMG resellers and distributors are not included, nor are former and current employees of the company.
“Sony will continue its exchange program to replace XCP affected CDs with ‘clean’ DRM-free copies and enable customers to download MP3 versions from its Web site.”
As well, SonyBMG will offer “incentive packages” to “ensure XCP CDs are removed from the market”.
The first will provide customers with a cash payment of $7.50 and a free download of one album from a list of more than 200 titles, and Incentive #2, “removes the cash payment but allows for downloads of three albums,” says BetaNews.
Downloads will be handled using a promotion code with three major music download services, of which one will be Apple’s iTunes. Promotion codes will be valid for six months. Owners of MediaMax CDs, meanwhile, will be offered mp3 versions of the music and one free album download.
To be eligible, people must return the XCP laden CD to Sony, or provide a receipt showing the return or exchange of the CD at a retailer after November 14. A claim form will be required, as will verification that XCP was uninstalled or updated.
Go here for a .pdf of the filing. We also have a copy here.
There wa’s no mention of Sony BMG, First 4 Internet or SunnComm executives being sued individually.
(Thanks, Astrid)
Also See:
BetaNews – Preliminary Settlement Filed in Sony Suit, December 29, 2005
Sunbelt blog – Preliminary settlement for Sony suit, December 28, 2005
spin the issue – Sony BMG tries to minimise scandal, December 10, 2005
December 29th, 2005 at 6:42 pm
What is going to happen to the people who put the ok on these root kits and breaking the law, their offering crums when criminal charges should be filed. Boycott Sony forever.
December 29th, 2005 at 7:34 pm
“There wa’s no mention of Sony BMG, First 4 Internet or SunnComm executives being sued individually.”
What are they going to be charged with? And why would they mention it? The lawsuit was against Sony-BMG, not individual executives. Hence the protection the coporate veil provides…
December 29th, 2005 at 8:20 pm
Did not work for Enron top dogs.
December 29th, 2005 at 8:20 pm
It costs much more than seven to ten dollars to have this rootkit removed. Sony should be forced to pay every cent as well as extra money for the inconvenience it has caused its customers.
December 29th, 2005 at 8:21 pm
Did not work for Enron top dogs. Some one needs to go to jail.
December 29th, 2005 at 8:58 pm
Trouble is, no matter how it is settled, the crap is still out on the markets. Sony hasn’t really said anything to its merchants about removing the rootkit discs. As late as this week was an article stating that those cds were still on the market and being sold. Sony made a placebo recall, saying without using the word recall that they would take them back.
In places like Japan a member here said it was still on sale there also. Worse that no mention of the rootkit was in public news. Sony hopes to get away with this releasing of the rootkit to gather as much information as possible from its users. From Sony’s responces to this mess, it looks like it was a purposefully designed attack on its customers to gather more info in ways it would not have access to otherwise. Even the offer to replace the cloaking (not a removal tool) with a visiable file was another excuse to gather info on its customers.
I KNOW I won’t be buying anything from Sony again. I can’t trust them nor the cartels. First4Internet has already previously stated that all the cartel members were its customers. So the other cartel members saying they don’t use this was only a smoke screen for what they were intending to release on the public.
December 29th, 2005 at 10:28 pm
punitive damages could have been asked.
NY is apunitive damages state.
December 30th, 2005 at 3:16 pm
The mistake was to hire New York lawyers to represent the victims. New York lawyers and judges are all interconnected. This is worse that Jack Abramoff at Washington.
January 1st, 2006 at 7:05 pm
Interesting that two albums of songs =’s $7.50
But you are right. These CDs will continue to cause problems for years to come.