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

[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).