Hello All,
This may be slightly off topic but if anyone has purchased a CD from
Sony lately you may want to read this. Have a great day
Terese
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.
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