Sony to Settle Spyware Suit with Downloads?

modemac writes to tell us the Seattle PI is reporting that a judge has 'tentatively' approved a settlement against Sony BMG that would give customers free music downloads as compensation for the recent flawed 'rootkit' software on many new CDs. From the article: 'According to terms of the settlement, Sony BMG will let consumers who bought the CDs receive replacement discs without the anti-piracy technology and will let them choose one of two incentive packages. The first package lets consumers who bought XCP CDs to obtain a cash payment of $7.50 and a promotion code allowing them to download one additional album from a list of more than 200 titles. The second package permits them to download three additional albums from the list. The court papers said Sony BMG would try to offer Apple Computer Inc.'s iTunes as one of the download services available to the consumers.'"

Comments

Re:Odd how the accounting works

[micheas]

A slightly more informative link. http://www.eff.org/IP/DRM/Sony-BMG/settlement_faq. php

At first I was unhappy with the settlement, but then I got to the following section:

I think my CD drive was seriously damaged by the XCP or MediaMax software. Do I have to give up my claims against Sony BMG for this injury?

        No. The settlement does not release claims for:

                * damage to a computer or network resulting from interactions between the XCP Software or the MediaMax Software and your computer (e.g., damage to your hard drive);
                * damage related to your reasonable efforts to remove the XCP Software or the MediaMax Software; or
                * copyright, trademark or other claims arising from the development of the MediaMax Software or the XCP Software, or any uninstallers or updates thereto.

        You may still sue Sony BMG for any such claims, whether or not you choose to take advantage of the settlement benefits. As part of the settlement process, Sony BMG agreed to waive its unconscionable New York forum selection clause and $5 limit on damages, so you can take them to your local small claims court for your damages. EFF will be developing a web page explaining how to use the small claims process to bring a lawsuit against Sony BMG.

I am not a lawyer, but I would like a small claims slashdotting of sony for this.

Remove the root kit, for someone that got toasted, send them a bill, attach the small claims form to the bill: Imagine the pain of forty thousand small claims actions against them.

So, if my reading is correct, only if the damage is greater than small claims court do you want to opt out. otherwise we can try for the first small claims slashdotting.

Re:Odd how the accounting works

[TubeSteak]

Ouch... that is really going to hurt Sony.

Sony BMG agreed to waive its unconscionable New York forum selection clause and $5 limit on damages

For the people who don't know what that means... Sony is not going to be able to enforce those two portions of their EULA.

I'd like to know if "unconscionable" was the EFF's wording, or... because Unconscionable (with regards to a contract) is like asking for someone's first born child.

There is zero (0) chance that they're going to be able to send out lawyers to deal with every single small claims suit filed across the country. The net result is going to be a shit-load of default judgements against Sony (assuming people know to sue).