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California Class Action Suit Sony Over Rootkit DRM
carre4 writes "Lawyers in California have filed a class-action lawsuit against Sony and a second one may be filed today in New York. The lawsuit was filed Nov. 1 in Superior Court for the County of Los Angeles by Vernon, CA attorney Alan Himmelfarb. It asks the court to prevent Sony from selling additional CDs protected by the anti-piracy software, and seeks monetary damages for California consumers who purchased them. The suit alleges that Sony's software violates at least three California statutes, including the "Consumer Legal Remedies Act," which governs unfair and/or deceptive trade acts; and the "Consumer Protection against Computer Spyware Act," which prohibits -- among other things -- software that takes control over the user's computer or misrepresents the user's ability or right to uninstall the program. The suit also alleges that Sony's actions violate the California Unfair Competition law,
which allows public prosecutors and private citizens to file lawsuits
to protect businesses and consumers from unfair business practices. EFF has released a list of rootkit affected CD's and Slashdot user xtracto also has a list."
But how did Sony's actions prevent people from suing? Was there a clause in the EULA that prohibited it? Since they're getting their asses sued off anyway, can't the judge throw this one right out?
bleh.
:)
Anyway, It's good to see this happening. It's important to make sure that the major labels realise that while DRM is legal, there are limits to what people will tolerate - and damaging peoples machines is not something that people are going to tolerate.
Heck, with luck they might even water down Blu-Ray as a result. I can dream
not to buy CDs. Like I needed more reasons. They are already too expensive and they force me to buy tracks I don't want just to get the 1 or 2 I want. I know Sony *thinks* they are *adding value* which will incent me to buy CDs, but obviously they miscalculated.
If only someone would offer a digital download service with CD quality content.
The more you regulate a company, the worse its products become.
I used to buy a lot of music CDs. But after this wave of incompatible discs i just resorted to download mp3s as its sure that i can play them on whatever device i want.
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This poses a potential problem for me, as I like to listen to my CDs at work (ripped to MP3 format, of course). Security is a real issue at work, to their credit. I can't have my music installing spyware on my employer's PC.
HELLO SONY! You are making your stuff unusable! Cease & desist, and all that.
Yow! I'm supposed to have a plan?
I hope this goes to court and triggers Sony into mounting an DMCA based defense ("this is our copy protection system, and you don't mess with that shit even if does screw your PC"), then maybe people would get a better understanding of what a rotten law the DMCA actually is.
And people wonder why I haven't bought a single CD in the past 5 years that didn't come from an independant artist. Sony will just have to lable me as a heathen devil commie mutant anti-social pirating slime bag since I now get all my music from other sources besides the traditional record industry. First it was a copy protection that killed my CD-Rom drive and my Car Stereo, now we have a major company turning into a @#$%ing hacker with intent on screwing up my system just to keep me from using thier music in THIER OWN MP3 PLAYER.
Yes, I love the fact that Sony wants to sell me a MP3 player and MP3 compatable CD and DVD players, but doesn't want me to actually USE the damn things to listen to thier music.
Go Figure.
The other stupid thing is the simple fact that there is no copy protection that has lasted more than 2 weeks before it was cracked, and at times in the most embarrasing way imaginable.
The one that cost millions to develop and was cracked using a $1.25 Sharpie marker jumps to mind.
Frankly I hope the music industry dies. I'm just so utterly sick to death about the whole goddamn thing I want it gone.
Phoenix
-- Wiccan Army, 13th Airborne Division "We will not fly silently into the night"
t's important to make sure that the major labels realise that while DRM is legal, there are limits to what people will tolerate - and damaging peoples machines is not something that people are going to tolerate.
It's not simply a question of tolerance or not; some DRM may be "legal", but (IANAL) installing a root-kit on someone's machine without notification or permission almost certainly isn't. If they get away with this, it'll be because they have better lawyers, not because by any reasonable judgement it is "legal".
Of course, I hope it kicks up a stink for Sony too, but that's beside the point.
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and just in California
Except that CA is so huge that to market a disc in CA that was different than the rest of the US just wouldn't be worth the cost. Especially since CDs are bought online, etc. No, if CA wins, Sony will end up dropping THIS particular DRM method. And others will be less likely to do something like it.
Also, CA isn't the only state with such consumer protections. Others will follow suit if this one works, or even before.
The California suit is really nothing when you look at the big picture. The reality is that we have surrendered our freedom, in fact, surrendered our supposedly democratic government, to rich people with capital interests in restricting our liberty. A lot of this has to do with the invention of incorporation, the idea that a company can be viewed as a "person" under the law. But just take a look at who makes up our government and what kind of laws they enact. You almost have to be a millionaire political party contributor or fundraiser to be nominated for office, and once in office, the politicians are not representing the will of the people, but the will of the lobbyist and big money contributors. If laws like DMCA or any other copyright or patent legislation were put to public referendum, they'd be defeated _easily_. However, because RIAA and MPAA and their associates put billions of dollars into the Republicans' and Democrats' pockets, they enact legislation that absolutely no one outside of those industries wants!
Most division presidents don't even know what their precise bank balance is, so why should they care if a fraudster helps themselves to a couple of hundred?
"I Know You Are But What Am I?"
Umm.. if its not your insurance company, you don't have to follow their rules. Remember it was the others guys fault. Its there responsibility to pay for the damages they caused, they should be the ones calling dell to get the old parts. They want to be dicks about it, i'd say i'm starting to have neck problems and tell them i'm seeing a chiropracter. They'll settle right on the spot.
Have you ever been to a turkish prison?