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t two letters of complaint have been sent to class counsel complaining that the settlement is inadequate if you want to share your views and opinions with the court or would like to attend the may 22 fairness hearing please read my recent post for simple forms details and instructions mon 03 apr 2006 make your voice heard posted by mark lyon note this post is an updated version of an older post the outdated infomation is displayed in strikethrough text a fairness hearing in the sony bmg settlement will be held on may 22 2006 at 9 15 am at the daniel patrick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 during this hearing the proposed settlement will be evaluated by the court and objections to the settlement can be heard by class members who have not opted out of the class it does not matter if you have accepted the settlement benefits as long as you have not opted out as of today i am not aware of anyone being allowed to opt out you must however have purchased received came into possession of or otherwise have used a sony bmg xcp or mediamax infected cd if you are able to attend the hearing i encourage you to do so pursuant to the hearing order of january 6 you must file a notice with the court clerk before may 1 2006 that indicates your intent to appear and serve copies of the notice along with any documents you intend to use during your statement to the court upon the attorneys involved in the case for more information about this process see section 15 page 7 8 of the hearing order of january 6 i have created a sample form that you can use in order to notify the court clerk and the attorneys simply download the template in your desired format doc wpd rtf txt and fill it in with your information the instructions are on the first page if you have nt done so already read the settlement agreement and the hearing order of january 6 carefully i encourage you to focus your arguments around the terms of the settlement agreement and the hearing order if there are other related issues you wish to discuss please do so but it is important that you express your opinion on the settlement agreement itself it appears that sony bmg is going to oppose my attempt to speak at the hearing because of this i encourage anyone who wishes to have their voice heard but who is not certain that they will be able to attend the fairness hearing to use this modified notice doc rtf txt it requires that you notarize exhibit a the affidavit and asks that th court accept it as your testimony in the event that you do not or are not able to appear you can attach copies of your cds receipts emails and any other information that supports your affidavit you will have to mail the origional to the court and copies to the attorneys i understand however that many class members simply can t make it to new york i plan to attend and also plan to speak to the court about the merits of the settlement while i will not be there to represent anyone other than myself i would like to be able to use the opinions of others to support and strengthen my argument to that end i have prepared a template affidavit that you can use to explain your experience with sony bmg xcp and mediamax simply download the template in your desired format doc wpd rtf txt and fill it in with your information you can attach copies of your cds receipts emails and any other information that supports your affidavit an example of a completed affidavit is available in pdf format once your affidavit is assembled you must sign it in front of a notary there are many public notaries in your area they can often be found at banks law offices and even most pack and mail type centers there is typically a small fee of a few dollars for this service take the complete affidavit along with any attachments and your identification when going to the notary after the affidavit is completed signed and notarized mail the original to me along with all of the attachments by first class mail my mailing address is mark lyon sonysuit com 123a highway 80 east 238 clinton mississippi 39056 please mail your affidavit on or before thursday april 20 2006 so that i will have time to assemble all of the affidavits and file them by may 1 i will be responsible for the costs of copying and mailing a copy to each of the attorneys and to the court clerk i will submit every signed notarized affidavit i receive regardless of your position as to the fairness of the settlement your notice must be recieved by the court before may 1 2006 make certain to mail it in time i feel that it is important for your voice to be heard please encourage all class members to get involved the more information that the court has before it the better the end result of the class action will be wed 08 feb 2006 notice of appeal filed posted by mark lyon a notice of appeal to the us court of appeals has been filed by a nonparty frederick d cooke jr while the appeal has not yet been filed it will appeal the hearing order entered on january 6 2006 the hearing order contained an injunction that prevents anyone who has not opted out of the class action which you cannot do as of this posting i ve tried from filing commencing prosecuting maintaining or intervening in as members of a class action or otherwise any claim lawsuit arbitration administrative regulatory or other proceeding arising out of sony bmg s xcp and mediamax until the appeal is filed we won t know exactly what mr cooke is complaining about but i can speculate that he wants to move forward with his 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 o...
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