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Sony Settlement Start of DRM Protection Act?
An anonymous reader writes "Sony BMG and a group of class action lawyers have reached a provisional
settlement in the U.S. Sony rootkit class actions. Sony will
pay cash compensation and give away free downloads from a choice of
music download services including Apple iTunes as part of the
deal. The settlement includes a host of restrictions on future
Sony DRM use, which Michael
Geist argues provides the starting point for a future Digital
Rights Management Protection Act."
Once again the big company gets a slap on the wrist and everyone effected gets the peace of mind of knowing that the cd they bought still has the DRM on it and will still act the same way the next time they put it in a computer. Thanks for the great customer service Sony.
This just in! 3 out of 4 people make up 75% of the population.
Number 3 probably interests me most. Anybody in the know will be able to download the uninstaller at any time and get that filth off their hard drive (or likely: not put it on there to be begin with). But what about those who are not tech-savvy at all?
It seems to me that the main result of copy protection so far has been to punish the honest and control the meek. Smarter, savvier people get around it and are privy to software and music unencumbered by the DRM that works quite well against those foolish enough to uniwittingly install it. So what's the point? Are the DRM-proponents trying to drive a wedge between power users and the techno-illterate? Do they plan to blame the foul side-effects of DRM on the pirates who are not encumbered by it? "We only put DRM on our products because pirates like Joe Blow download it. Blame him!"
I'd bet that 90% of the population doesn't know what the heck DRM is. We'd better be damn sure to educate the masses or the cartels will do it for us - by smearing the savvy.
Electric Monkey Pants
The Texas case is not a class action suit. It is a state action alleging violation of the Texas CPA. So Sony will have to satisfy the Texas Attorney General, not a lawyer for a citizen (who supposedly represents all other citizens in the area, in similar circumstances).
Still, I'm not sure what you guys expect? They aren't going to be banned from including DRM, unless they agree to that, which they won't. It's also unlikely they'll be hit with any MASSIVE fine. Although $7.50 per CD is actually a good amount of money (not to mention if people go for iTunes downloads, and the like), if the theoretical number of people all take it (unlikely).
I did not realize that the settlement included any download service - that makes it much better.
-Daniel
Maybe by the end of the two years, they will have figured out that non-DRMed music sells better than DRMed music. Maybe this settlement forces them to run the experiment that shows them that they can make more money if they don't act like the other music companies.
Think they're bright enough to see the trend in their data?
My dad told me of a story of back in the 60's and 70's when he used to work for Howard Johnsons. When you were hired you were specifically told that you would not be paid overtime as the law states. Yes, this was illegal, and yes, they got fined.... but the reality of the situation was that it was cheaper for them to pay their fine every month than to pay overtime to all of their employees.
The only way to show them that you dont agree is to quit.... The same rule applies here.
Shouldn't Sony at least have to compensate purchasers with the amount those purchasers would have to pay if an infringement judgement was issued against them? The maximum penalty for copyright infringement is, I believe, $150,000 per song. If someone buys a rootkit CD with 10 songs on it, that person should be entitled to a maximum of $150,000 per song, for a total of $1,500,000.
I mean, isn't the crime Sony has committed at least as serious as infringement? Why should the penalty be any less?
"No live organism can continue for long to exist sanely under conditions of absolute reality;..."