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Saturday, February 11, 2006  

Looks like the class action suit brought on by the malware that shipped on some Sony artists has been settled. I didn't buy any affected CD, but Sony does have me on some emailing list so I got the notice below. Looks pretty fair to me:

***IMPORTANT LEGAL NOTICE/SOFTWARE UPDATE NOTICE***PLEASE READ***
(Please do not respond to this email. Responses will not be read.)

If You Bought, Received or Used a SONY BMG Music Entertainment CD
Containing Either XCP or Media Max Content Protection Software, Your Rights
May Be Affected By a Class Action Settlement, And You Should Download
Updates For That Software.

What is this about?

A settlement has been proposed in a lawsuit brought against SONY BMG
Music Entertainment, Inc., SunnComm International Inc., and First 4
Internet, Ltd. ("Defendants"). The lawsuit, In re SONY BMG CD Technologies
Litigation, Case No. 1:05-cv-09575-NRB, is pending in the United States
District Court for the Southern District of New York and relates to XCP
and MediaMax content protection software installed on certain SONY BMG
music CDs.

The Settlement resolves claims that the Defendants manufactured and
sold CDs containing XCP and MediaMax software without adequately
disclosing the limitations the software imposes on the use of the CDs and the
security vulnerabilities it creates. The Defendants have denied that
they did anything wrong.

Who Is Included, And What Does The Settlement Provide?

The settlement provides relief for persons who bought, received or used
SONY BMG CDs with either XCP or MediaMax software. Under the
settlement, any person in possession of an XCP CD can exchange it for a
replacement CD, an MP3 download of the same album, and either (a) cash payment
of $7.50 and one (1) free album download from a list of 200 albums, or
(b) three (3) free album downloads from that list.
Purchasers of CDs containing MediaMax 5.0 software will receive a free
MP3 download of the same album and one (1) additional free album
download. Purchasers of CDs containing MediaMax 3.0 software will receive a
free MP3 download of the same album.

The settlement also requires the Defendants to stop manufacturing SONY
BMG CDs with XCP or MediaMax 3.0 and 5.0 software and, until 2008: (1)
make available updates to fix all known security vulnerabilities caused
by XCP and MediaMax software; (2) provide software programs to
uninstall XCP and MediaMax software safely; (3) fix any future security
vulnerabilities discovered in MediaMax and any other content protection
software placed on SONY BMG CDs; (4) provide independent verification that
personal information about users of SONY BMG CDs has not and will not be
collected through XCP or MediaMax; (5) waive certain provisions of the
end user license agreements for XCP and MediaMax software; and
(6) ensure that any other content protection software will be clearly
disclosed, independently tested and readily uninstalled.

At 9:15a.m. on May 22, 2006, the Court will hold a hearing at the
United States District Court, Daniel Patrick Moynihan United States
Courthouse, 500 Pearl Street, Courtroom 21A, New York, New York 10007-1312, to
decide whether to approve the settlement and the class attorneys' fees
and costs.

How Do I Participate In The Settlement?
If you bought or received a SONY BMG Music CD containing XCP or
MediaMax software and want to receive the relief you may be eligible for under
the settlement, you must submit an online claim form at
www.sonybmgcdtechsettlement.com, or mail a claim form to:

SONY BMG CD Technologies Settlement
P.O. Box 1804, Faribault, MN 55021-1804

All claim forms must be submitted by December 31, 2006.

What Are My Other Options?

If you bought, received or used a SONY BMG Music CD containing XCP or
MediaMax software, and you do not want to be legally bound by the
settlement or receive a replacement CD, cash, free downloads or other relief,
you must exclude yourself by May 1, 2006. If you do not exclude
yourself, certain of your claims against the Defendants that were or could
have been asserted in the lawsuit will be released, meaning you may not
be able to sue the Defendants for those claims.
To view the detailed legal Notice of Proposed Class Action Settlement,
Motion for Attorneys' Fees and Settlement Fairness Hearing and to
download the software updates, visit www.sonybmgcdtechsettlement.com.
You may obtain further information by contacting the claims
administrator at the address above or by calling toll free 1-800-242-7610.

posted by grandma | 6:38 PM
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