[funsec] [Fwd: Class Action Settlement/Software Update Notice]
BlueBoar at thievco.com
Thu Mar 2 18:40:12 CST 2006
Still seems like Sony has gotten off easy.
I believe I received this because I'm on the Britney Spears mailing list.
-------- Original Message --------
Subject: Class Action Settlement/Software Update Notice
Date: Thu, 02 Mar 2006 15:56:55 -0800
From: class.settlement at sonybmg.com
Reply-To: Britney Spears <britney at list2.zomba.com>
To: BlueBoar <BlueBoar at thievco.com>
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
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
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
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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