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s own suit against sony bmg and the class action injunction is being used to delay his lawsuit the problem with this injunction is that it prevents those who don t want to be part of the class action from seeking relief the only way that they can through a lawsuit the class action settlement isn t a terrible deal for most people there are a number of people however who aren t going to be adequately compensated for their damages if they are forced to accept the class action incentives as their only compensation with the injunction in place it is impossible for one of these people to have their problem resolved in a reasonable time frame there are those who probably don t think that forcing those with otherwise valid claims against sony bmg to wait until the class action is completely settled or at least made final before pursuing their own action you must remember however that the people who want to bring these claims must do a lot to prove their damage they need to maintain their computer in the state it was when it was infected in order to preserve it for evidence and examination that means they ll need to spend money to get a replacement computer or at least a new hard drive in order to continue to have a machine they also have the statute of limitations running against them and will forever lose their ability to file their claim if the southern district of new york forces them to wait too long the injunction benefits sony bmg quite a bit the longer they make plaintiffs wait the fewer will be willing to pursue their individual actions hopefully the appeal will prevent future class actions from doing similar things mon 06 feb 2006 settlement notice posted by mark lyon the website is not yet up but i wanted to provide this information as soon as it was available following is the notice form provided in the consent motion to modify the settlement agreement and notice forms anyone impacted by either xcp or mediamax should read the more detailed notice of proposed class action settlement motion for attorney s fees and settlement fairness hearing if you bought received or used a sony bmg music entertainment cd containing either xcp or mediamax 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 sunncom 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 15 a 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 wed 11 jan 2006 settlement updates posted by mark lyon additional documents are now available for the xcp and mediamax sony bmg settlement i suggest that you read the hearing order entered on january 6 2006 by district judge naomi reice buchwald certifying the class and setting guidelines for what will happen next including opting out commenting or attending the fairness hearings the fairness hearing will be held may 22 2006 at 9 15 am at the daniel patrick moynihan united states courthouse for the southern district of new york at 500 pearl street room 2270 new york ny sony bmg is required to start notifying those affected by xcp and mediamax by sending emails posting a notice on their website displaying a banner when the cd is used and publishing ads in major newspapers and magazines claims must be submitted by december 31 2006 if you want to be excluded from the settlement you must file before may 1 2006 if you do not exclude yourself you can attend the fairness hearing at your own expense and be heard by yourself or through your attorney forms will be available on this website soon those of you considering filing your own action should carefully review the injunction in paragraph 24 any members of the class are enjoined from filing any proceeding against sony bmg and from soliciting to form a different class sat 07 jan 2006 the sony bmg settlement and what it means for you posted by mark lyon in the wake of the sony bmg settlement i am making some modifications to this website to simplify and outline the information offered here this post therefore will replace my other previous posts if you would like to read them they are available in the archive as always information about each of the major class actions is available from the links to the right you can also view the michaelson page for actual information about the settlement as of this post there is one class action in the united states created by consolidating the at least twenty one class action lawsuits that were filed across the united states into one giant class action that covers anyone in the us who purchased received came into possession of or used one or more xcp or mediamax cd not impacted by the settlement are the two class actions just now shaping up in canada a lawsuit by the texas attorney general other legal action in italy and possible litigation by the florida and new york attorneys general as part of the settlement sony bmg will exchange your xcp infected cd full list of xcp cds for one that does not have xcp there is an exchange program already in progress at this website and you may also be able to return your cd to the store where you purchased it before you mail or otherwise return your cd make a copy of your receipt and of the cd and its case so that you can prove you had an xcp cd if you need to do so in the future if you don t return your cd to sony bmg directly be sure to get proof that you have returned your cd most likely in the form of a receipt from the retailer indicating the return to encourage you to return your cd sony bmg is required to offer you a choice of two incentive packages as follows package 1 sony bmg will make a one time payment by check or debit card to you in the amount of seven dollars and fifty cents 7 50 and you get a promotional code that allows you a free download of one entire cd from a selection of about 175 sony bmg titles full list package 2 instead of getting a cash payment you get three promotional codes each allowing you a free download of one entire cd from a selection of about 175 sony bmg titles for three complete cd downloads full list sony has to offer the download from at least three different websites including itunes to claim your choice of the incentive packages you will have to return your cd directly to sony bmg or prove that it was returned to a retailer after november 14 2005 run the sony bmg xcp update or the sony bmg uninstaller see below and complete an online or hard copy claim form the claim forms will be available once the settlement is approved as part of the settlement sony bmg will offer to anyone who purchased one or more mediamax infected cds full list of mediamax cds an opportunity to download a non drm mp3 version of the cds they purchased and a promotional code that allows you a free download of one entire cd from a selection of about 175 sony bmg titles full list mediamax cd s do not qualify for check or debit card payment or for the three download option mediamax cd s will not have to be returned the mediamax claims process will be very similar to the xcp claims process it is not known at this time if sony bmg downloads using the promotional code will include drm but if music is downloaded from itunes it likely will since other itunes downloads have apple s drm it is hopeful that sony bmg will have at least one of the three services offer completely unprotected high bitrate mp3 or even better lossless flac downloads sony bmg is required to offer a downloadable update that uncloaks xcp from the operating system and one that removes xcp completely once you ve removed xcp it is very important that you do not re infect your computer by attempting to re use the disk in your computer sony bmg is also required to offer an update and an uninstaller for mediamax it is vitally important that you remove xcp from yor computer and that you return the cds for a replacement keeping the software on your computer without an update or a removal can expose you to some very serious security risks keeping the cd around could mean that someone you or else could infect another computer later additionally if you used the earlier web based xcp uninstaller from sony bmg you should have received instructions on how to disable the vulnerable activex control if you did not receive those instructions or have not yet done so follow these instructions to remove it as it causes even greater security flaws than xcp a trustworthy source has assured me that the updates and uninstallers linked above have been evaluated by some of the top security researchers in the field and have been certified to actually do what they claim to do and that they don t pose a security threat if you are uncomfortable with downloading additional software from sony bmg i have also been informed that microsoft has made an update available that will remove the xcp infection it is available by running windows update or by downloading microsoft s removal tool if you do not have such software on your computer now you should download an anti virus and an anti spyware program onto your computer and make sure they find no other infections or viruses not everyone who was infected by xcp or mediamax had such an easy time i for instance found that my laptop crashes often since my use of an xcp cd sony bmg as part of the settlement has released their customers from many of the worst provisions of their eulas including the new york forum provision and the limitations on liability this means that individuals can bring a lawsuit on their own behalf against sony bmg for damages they have received over and above those damages that the class action settlement was designed to cover these include hardware damage to your machine and other damage you received as a consequence of xcp or mediamax therefore if your specific claim wasn t taken care of by the class action settlement you can still sue in court the links to the right provide information about small claims court in your state where you can usually represent yourself in a claim against sony if you claim exceeds the amounts offered in your small claims court or if you have legal questions you should consult a licensed attorney in your area an attorney will be able to properly evaluate your case and inform you of all of your options links mark russinovich blog schneier on security freedom to tinker sony boycott blog settle up sony sory electronics drm news blog free culture open rights group i hate drm boingboing legal action general information readme michaelson national lyon individual state of texas state of florida state of new york italy criminal canada class actions small claims court general information readme alabama alaska arkansas arizona california colorado connecticut district of columbia delaware florida georgia hawaii idaho iowa illinois indiana kansas kentucky louisiana massachusetts maryland maine michigan missouri minnesota mississippi montana north narolina north dakota nebraska new hampshire new jersey new mexico new york nevada ohio oklahoma oregon pennsylvania rhode island south carolina south dakota tennessee texas utah virginia vermont washington wisconsin west virginia wyoming this website is an informational resource only it is not designed to offer legal advice i am not an attorney and more importantly am not your attorney if you were harmed by sony bmg music entertainment and or first 4 internet and de...
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