Your house is locked and secure. Now imagine a ninja, covered in black from head to toe, stealthily picking the lock on your front door. The ninja slides into your house. By the time you realize anything is amiss, the ninja uses his cool ninja magic and turns invisible. He’s still in your house, but you don’t see him. And he’s thoughtfully left your front door wide open for anyone else to enter and join him. Your house is potentially in big trouble.
Now substitute “your computer” for the house, and “software on Sony music CDs” for the ninja, and you’ll have a good understanding of the issue. This is about Sony’s CD copyright protection methods, or DRM (Digital Rights Management).
What’s the big deal about the Sony BMG XCP Rootkit?
Since early 2005, Sony shipped certain music CDs with “XCP” copy protection. When played on your PC, XCP installs itself in Windows (assuming the user accepts the multi-page license agreement), and prevents CDs from being copied more than three times, or used on devices like an iPOD. If you don’t install the software, you can’t play the music.
XCP’s installation method utilizes a “rootkit”: After the software installs, it becomes invisible. You can’t find it. Windows, antivirus and other programs don’t know it’s there. Even worse, the turn-invisible trick remains available for any other software to use. How would you like an undetectable computer virus? Viruses using this technique are already making the rounds.
Sony didn’t mean it, of course. The XCP software, created by a company called “First 4 Internet”, is only intended to prevent piracy. But from installation to removal, XCP uses techniques and morality worse than some adware, spyware and viruses. Because of consumer backlash, Sony has said they won’t use XCP any more for future CDs, and will look for other copy protection solutions.
In an NPR interview using words he may soon regret, Thomas Hesse (Sony BMG’s Global Digital Business President) said, “Most people, I think, don’t even know what a rootkit is, so why should they care about it?” Instead of “rootkit”, substitute a noun like “religious extremist”, and you’ll see why perceived safety through ignorance is so dangerous and unwise.
Come on, Andy. Why so dramatic?
Pick a reason. Copy protection is needed to protect rights of artists, but what about rights of consumers? Do ends justify means? XCP allows other potentially damaging programs by compromising security. Who’s liable for damages? Can Sony endanger all customers to prevent piracy by a minority? Shouldn’t there be laws defining what control companies can have over our PCs? There are laws defining what wecan do: If you remove XCP, you’re deliberately disabling a copy protection system, illegal per the Digital Millennium Copyright Act, and Sony can sue you.
What CDs contain Sony’s XCP copy protection software?
The list contains popular artists, including Neil Diamond, Sarah McLachlan, Celine Dion, and Ray Charles. View the full list of XCP-protected CDs as compiled by a Slashdot reader, or view the Sony-managed list.
How can I check if I’m infected?
If you’re worried your PC has already installed the Sony rootkit, try this (only Windows computers apply, others like Macs and Linux systems won’t have the problem):
1) Create a file on your desktop. Call it something simple: TEST
2) Rename the file: $SYS$TEST
3) After you’ve renamed the file, press F5 to refresh the screen. If the file disappears, the Sony rootkit is active on your system. If the file remains visible, you’re safe.
David asks:
“When you say to test for XCP to ‘create a file on your desktop’, what kind of file? Like a Word doc renamed to $SYS$TEST?
Sure, that’ll work. You can create a “nonsense” file by just creating any file type and then removing the extension, like in my example. However, to answer your question exactly, yes: Creating a MS Word document will work. The important bit is the $SYS$ prefix – if any file has that prefix, that’s the important part for the XCP software. Any document with that prefix will disappear if XCP is installed.
How can I remove the Sony rootkit?
The easy way: Update your antivirus or antispyware software, and run a full system scan. Most major providers will detect and remove the rootkit. Specifically, the free Microsoft Antispyware will do the job.
The hard way: You have to go through a long and frustrating uninstall process, consisting of first submitting a request for a link to the uninstall request form. After you receive it, it gives you a case number, where you submit another request for removal. During this part, you have to load more software on your PC, in the form of an ActiveX control (UPDATE: Due to yet more privacy and security problems, this ActiveX requirement has been removed by Sony.):
With the help of Microsoft Antispyware, we see more detail:
It has been shown that this program cause cause security problems. To remove this ActiveX-installed Sony software, delete this file:
C:\Windows\Downloaded Program Files\CodeSupport Control
…And it’s been hours since I submitted my install request. I still haven’t received a response. The uninstall link, for good or bad, is here. (UPDATE: I have never received a response to my first uninstall request. I’ll update this text if I ever get one.)
It is also possible to prevent the rootkit from installing, if you happen to have an XCP-enabled CD. Oddly, all you need is a piece of tape.
For more techie-level detail, see Mark Russinovich, the discoverer and publicizer of the Sony DRM rootkit problem. If you want to keep things simple, Mark also provides a way to disable the rootkitwithout Sony’s help.
This is news: The involved players are big and multiple lawsuits are pending. This is important: Sony and First 4 Internet claim innocence and no danger, when most evidence points to the contrary. This affects us: While it seems complex, the situation boils down to a simple question of right and wrong.
We have a CD and own the songs, don’t we? If we own the physical disk, we own its data, and can do what we want with the songs. Or if purchased a license to play the songs, then what we play them on (CD, computer, iPOD) shouldn’t make a difference. Sony seems to have a third scenario, and they’re not saying what it is.
The CD I purchased to verify Sony’s copy protection problem was “The Essential Pete Seeger”, containing the song “This land is your land.” The land may have been made for you and me. But not the CDs.
Update – All XCP CDs are being recalled
About a week after I purchased a XCP-protected CD from Amazon.com, I received the following email :
Hello from Amazon.com.
We’re writing about your order for the following CD(s):
The Essential Pete Seeger
The Sony CD(s) listed above contain XCP digital rights management (DRM) software. Due to security concerns raised about the use of CDs containing this software on PCs, Sony has recalled these CDs and has asked Amazon.com to remove all unsold CDs with XCP software from our store.
Since you purchased this CD from Amazon.com, you may return it to us for a full refund regardless of whether the CD is opened or unopened. Just visit www.amazon.com/returns and indicate that the CD is “defective” as the reason for return.
Thank you for your understanding. We hope to see your [sic] again soon at Amazon.com
Sony XCP Software License Agreement Text
For those interested in legalese or just curious, here is the full text of the Sony and First 4 Internet XCP software license agreement. The autorun window you see looks like this:
And here’s the EULA text itself:
IMPORTANT-READ CAREFULLY: This compact disc (“CD”) product contains standard so-called “Red Book”-compliant audio files that can be played on any standard CD player, including those contained in many personal home computer systems. As an added feature, this compact disc (“CD”) product also enables you to convert these audio files into digital music files and/or may also contain other already existing digital content (such files and content, collectively, the “DIGITAL CONTENT”), any of which may be stored on the hard drive of a personal home computer system owned by you (“YOUR COMPUTER”) and accessed via YOUR COMPUTER or certain approved, compatible portable devices owned by you (each, an “APPROVED PORTABLE DEVICE”).
Before you can play the audio files on YOUR COMPUTER or create and/or transfer the DIGITAL CONTENT to YOUR COMPUTER, you will need to review and agree to be bound by an end user license agreement or “EULA”, the terms and conditions of which are set forth below. Once you have read these terms and conditions, you will be asked whether or not you agree to be bound by them. Click “AGREE” if you agree to be bound. Click “DISAGREE” if you do not agree to be bound. Please keep in mind, however, that if you do not agree to be bound by these terms and conditions, you will not be able to utilize the audio files or the DIGITAL CONTENT on YOUR COMPUTER.
As soon as you have agreed to be bound by the terms and conditions of the EULA, this CD will automatically install a small proprietary software program (the “SOFTWARE”) onto YOUR COMPUTER. The SOFTWARE is intended to protect the audio files embodied on the CD, and it may also facilitate your use of the DIGITAL CONTENT. Once installed, the SOFTWARE will reside on YOUR COMPUTER until removed or deleted. However, the SOFTWARE will not be used at any time to collect any personal information from you, whether stored on YOUR COMPUTER or otherwise.
Once the SOFTWARE has been installed on YOUR COMPUTER, a menu will then appear on the screen of YOUR COMPUTER, giving you the option of playing the audio files on YOUR COMPUTER, creating a copy of the DIGITAL CONTENT directly onto the hard drive of YOUR COMPUTER, or making a limited number of back-up copies of the CD onto other, recordable CDs. If you choose to create a copy of the DIGITAL CONTENT, the menu will then prompt you to select a file format for the DIGITAL CONTENT. Once you have selected a file format, a copy of the DIGITAL CONTENT will automatically be created in that file format and transferred onto the hard drive of YOUR COMPUTER, where you will be able to access it using an APPROVED MEDIA PLAYER (see below) or, at you election, transfer it from YOUR COMPUTER onto an APPROVED PORTABLE DEVICE.
In order to access the DIGITAL CONTENT on YOUR COMPUTER, you will need to have a copy of an approved media player software program that is capable of playing the DIGITAL CONTENT in the file format you selected (each such approved media player, an “APPROVED MEDIA PLAYER”) on YOUR COMPUTER. You may already have a copy of an APPROVED MEDIA PLAYER on YOUR COMPUTER. If you do, you will be able to play the DIGITAL CONTENT on YOUR COMPUTER without doing anything further. This CD may also contain an APPROVED MEDIA PLAYER for the file format you selected. If it does, the menu that appears on the screen of YOUR COMPUTER will prompt you on how to transfer a copy of that APPROVED MEDIA PLAYER onto YOUR COMPUTER. To the extent you utilize an APPROVED MEDIA PLAYER contained on this CD, your use of such APPROVED MEDIA PLAYER may be subject, in each instance, to separate terms and conditions provided by the owner of the APPROVED MEDIA PLAYER concerned. If you do not already have a copy of an APPROVED MEDIA PLAYER on YOUR COMPUTER, and if this CD does not contain a compatible APPROVED MEDIA PLAYER, then you will then need to secure a compatible APPROVED MEDIA PLAYER elsewhere (e.g., on an Internet website, where you can download one).
END-USER LICENSE AGREEMENT
This End-User License Agreement (“EULA”) is a legal agreement between you and SONY BMG MUSIC ENTERTAINMENT (“SONY BMG”), a general partnership established under Delaware law. By clicking on the “AGREE” button below, you will indicate your acceptance of these terms and conditions, at which point this EULA will become a legally binding agreement between you and SONY BMG.
Article 1. GRANT OF LICENSE
1. Subject to your agreement to the terms and conditions set forth in this EULA, SONY BMG grants to you a personal, non-exclusive and non-transferable license, with no right to grant sublicenses, to:(a) install one (1) copy of SOFTWARE onto the hard drive of YOUR COMPUTER, solely in machine-executable form;
(b) install one (1) copy of any APPROVED MEDIA PLAYER(S) contained on this CD onto the hard drive of YOUR COMPUTER, solely in machine-executable form;
(c) use the SOFTWARE and any APPROVED MEDIA PLAYER(S) contained on this CD to access the DIGITAL CONTENT on YOUR COMPUTER or on an APPROVED PORTABLE DEVICE;in each instance, solely for your own personal and private use and not for any other purpose (including, without limitation, any act of electronic or physical distribution, making available, performance or broadcast, or any act for profit or other commercial purpose) and in accordance with the terms and conditions set forth in this EULA.
2. The DIGITAL CONTENT and the SOFTWARE contained on this CD are sometimes referred to herein, collectively, as the “LICENSED MATERIALS”.Article 2. PRODUCT FEATURES
1. This CD contains technology that is designed to prevent users from making certain, unauthorized uses of the DIGITAL CONTENT, including, without limitation, the following:(1) making and storing more than one (1) copy of the DIGITAL CONTENT in each available file format on the hard drive of YOUR COMPUTER;
(2) accessing the DIGITAL CONTENT on YOUR COMPUTER (once you have installed a copy of it on the hard drive of YOUR COMPUTER) using a media player that is not an APPROVED MEDIA PLAYER;
(3) transferring copies of the DIGITAL CONTENT that reside on the hard drive of YOUR COMPUTER on to portable devices that are not APPROVED PORTABLE DEVICES;
(4) burning more than three (3) copies of the DIGITAL CONTENT stored on YOUR COMPUTER (ATRAC OpenMG file format only) onto AtracCDs;
(5) burning more than three (3) copies of the DIGITAL CONTENT onto recordable compact discs in the so-called “Red Book”-compliant audio file format; and
(6) burning more than three (3) backup copies of this CD (using the burning application provided on the CD) onto recordable CDs and burning or otherwise making additional copies from the resulting backup copies.2. PLEASE NOTE: Your use of the DIGITAL CONTENT and the other LICENSED MATERIALS may be subject to additional restrictions, under applicable copyright and other laws, that are not enforced or prescribed by any technology contained on this CD. The absence of any such technology designed to enforce these additional restrictions should in no way be viewed or interpreted as a waiver, on the part of SONY BMG or any other person or entity owning any rights in any of the LICENSED MATERIALS, of their respective rights to enforce any such additional restrictions regarding your use of the LICENSED MATERIALS. Your use of the DIGITAL CONTENT and the other LICENSED MATERIALS shall, at all times, remain subject to any and all applicable laws governing the use of such materials, including, without limitation, any restrictions on your use prescribed therein.
3. All of your rights to enjoy the DIGITAL CONTENT, as described herein, shall be subject to your continued ownership of all rights in and to the physical CD on which such DIGITAL CONTENT is embodied; should you transfer your ownership rights in the physical CD on which such DIGITAL CONTENT is embodied (in whole or in part) to any other person (whether by sale, gift or otherwise), your rights in both the physical CD and such DIGITAL CONTENT shall terminate.Article 3. RESTRICTIONS ON USE OF LICENSED MATERIALS
1. Except to the extent otherwise expressly permitted hereunder or otherwise by the owner of the relevant rights in or to the LICENSED MATERIALS concerned, and without limitation, the following restrictions shall apply to your use of the LICENSED MATERIALS:(a) You may not copy or reproduce any portion of the LICENSED MATERIALS.
(b) You may not distribute, share through any information network, transfer, sell, lease or rent any of the LICENSED MATERIALS to any other person, in whole or in part.
(c) You may not change, alter, modify or create derivative works, enhancements, extensions or add-ons to any of the LICENSED MATERIALS.
(d) You may not decompile, reverse engineer or disassemble any of the LICENSED MATERIALS, in whole or in part.
(e) You may not export the LICENSED MATERIALS outside of the country where you reside. (This clause 1(e) of Article 3 shall not be applicable within the European Economic Area (EEA).)
(f) You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth in this Article 3 or elsewhere in this EULA.2. In the event that the owner of the LICENSED MATERIALS is a party other than SONY BMG (each, a “LICENSOR”), you agree that such LICENSOR shall be a third party beneficiary under this EULA and, as such, shall have the right to enforce the terms and conditions of this EULA that pertain directly to such LICENSOR’S rights in and to the LICENSED MATERIALS concerned as if such LICENSOR was a party to this EULA. The rights granted to a Licensor under this Article shall not be revoked.
3. SONY BMG and each LICENSOR reserve the right to use the SOFTWARE and/or any APPROVED MEDIA PLAYER to enforce their respective rights in and to the DIGITAL CONTENT, including any and all of the restrictions on use set forth in this Article 3, at any time, without notice to you.Article 4. INTELLECTUAL PROPERTY RIGHTS
All title to, and intellectual property rights in, the LICENSED MATERIALS and any related documents are and shall remain owned and/or controlled solely and exclusively by SONY BMG and/or its LICENSORS. SONY BMG and/or all respective LICENSORS reserve all rights in the LICENSED MATERIALS not specifically granted to you under this EULA.Article 5. EXCLUSION OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE LICENSED MATERIALS AT YOUR OWN SOLE RISK. THE LICENSED MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY, TERM OR CONDITION OF ANY KIND, AND SONY BMG, ITS LICENSORS AND EACH OF THEIR LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (EACH, A “SONY BMG PARTY”) EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS. EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY SONY BMG PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE LICENSED MATERIALS OR OTHERWISE. SHOULD THE LICENSED MATERIALS PROVE TO BE DEFECTIVE, YOU (AND NOT THE SONY BMG PARTY CONCERNED) AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, TERMS OR CONDITIONS IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS ARTICLE WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY MANDATES LIABILITY, DESPITE THE FOREGOING DISCLAIMER, EXCLUSION AND LIMITATION.Article 6. LIMITATION OF LIABILITY
NO SONY BMG PARTY SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS EULA OR YOUR USE OF ANY OF THE LICENSED MATERIALS (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER’S TIME), EVEN IF THE SONY BMG PARTY CONCERNED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE SONY BMG PARTIES, COLLECTIVELY, UNDER THE PROVISIONS OF THIS EULA SHALL BE LIMITED TO FIVE US DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS ARTICLE WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY DESPITE THE FOREGOING DISCLAIMER, EXCLUSION AND LIMITATION.Article 7. DAMAGES ARISING OUT OF YOUR ACTIONS
You shall defend and hold the SONY BMG PARTIES harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your use of the LICENSED MATERIALS, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this EULA.Article 8. UPDATES TO THE LICENSED MATERIALS
The SONY BMG PARTIES may from time to time provide you with updates of the SOFTWARE in a manner that the SONY BMG PARTIES deem to be appropriate. All such updates shall be deemed to be part of the SOFTWARE for all purposes hereunder. In the event that you fail to install an update, the SONY BMG PARTIES reserve the right to terminate the term of this EULA, along with your rights to use the LICENSED MATERIALS, immediately, without additional notice to you. The SONY BMG PARTIES shall not be liable for any loss or damage caused by reason of your failure to install any such update or your failure to do so in the manner instructed.Article 9. EXPIRATION AND TERMINATION
1. The rights granted to you hereunder to use the DIGITAL CONTENT are conditioned upon your continued possession of, and your continued right under a license from SONY BMG to use, the original CD product that you purchased. In the event that you no longer possess or have the right under such license to use the original CD product, your rights hereunder to use the DIGITAL CONTENT shall expire immediately, without notice from SONY BMG.
2. Without prejudice to any other rights SONY BMG or any SONY BMG PARTY may have hereunder, the term of this EULA shall terminate immediately, without notice from SONY BMG, and all rights you may have hereunder to use the LICENSED MATERIALS shall be immediately revoked, in the event that you: (i) fail to comply with any provision of this EULA, (ii) fail to install an update of the SOFTWARE that was previously provided to you by the SONY BMG PARTIES within the time specified, or (iii) file a voluntary petition or are subject to an involuntary petition under applicable bankruptcy laws, are declared insolvent, make an assignment for the benefit of creditors, or are served with a writ of attachment , writ of execution, garnishment or other legal process pertaining to any of your assets or property.
3. Upon the expiration or termination of this EULA, you shall immediately remove all of the LICENSED MATERIALS from your personal computer system and delete or destroy them, along with any related documentation (and any copies thereof) that you may have received or otherwise may possess.
4. Articles 4 (Intellectual Property Rights), 6 (Limitation of Liability), 7 (Damages Arising Out Of Your Actions), 9 (Expiration and Termination), 10 (Governing Law and Waiver of Trial By Jury), and 11 (General) shall survive and remain in full force and effect following the expiration or termination of this EULA
5. To the extent relevant under applicable law, you and SONY BMG each agree, for the effectiveness of the termination clauses under this EULA, to waive any provisions, procedures and operation of any applicable law that might otherwise require judicial approval or a court order in order to effect the termination of this EULA.Article 10. GOVERNING LAW AND WAIVER OF TRIAL BY JURY
1. THE VALIDITY, INTERPRETATION AND LEGAL EFFECT OF THIS EULA SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF NEW YORK (WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES UNDER NEW YORK LAW). THE NEW YORK COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT IN THOSE COURTS IN NEW YORK COUNTY AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
2. YOU HEREBY WAIVE ALL RIGHTS AND/OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS EULA OR THE SOFTWARE.Article 11. GENERAL
If any provision of this EULA is subsequently held to be invalid or unenforceable by any court or other authority, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other provision of this EULA. This EULA shall be binding upon the parties’ authorized successors and assignees. Neither party’s waiver of any breach or failure to enforce any of the provision of this EULA at any time shall in any way affect, limit or waive such party’s right thereafter to enforce and compel strict compliance with every other provision. No modification of this EULA shall be effective unless it is set forth in a writing signed by SONY BMG.(ID:239675.18 — 1/7/2005)
Class Action Settlement/Software Update Notice
On February 10, 2006, I received the following email from “class.settlement@sonybmg.com”. It details a class action lawsuit against Sony BMG:
***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 55021-1804All 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.