b-grrrlie
03-03-2006, 03:56 PM
Legal notice from Sony
***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.
***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.