Intellectual Property Law

Following up on our November 15 post about Sony?s public relations and legal woes connected to the ?root kit? software built into certain of its music CDs, we?ve learned that Sony is seeking to settle one of the class action lawsuits brought against it. 

A filing by the plaintiffs? counsel seeking the federal court?s approval of the settlement terms describes the contours of the deal, which include:
? a recall by Sony of all of the ?rootkit? CDs,
? provision by Sony of software to uninstall the content protection software on affected machines;
? a system of small cash payments, ?clean? replacement CDs, and/or free music downloads for class members who purchased or used the ?rootkit? CDs, and
? consumer safeguard restrictions on any future implementation by Sony of content protection software for its music before 2008.

Interestingly, the consumer safeguard restrictions ? which would be enforceable through a court injunction ? are useful guideposts to any content provider seeking to chart a more cautious course towards implementing content protection measures.  The requirements that the settlement would impose would require Sony to:

1) ensure that the software is not installed on a user?s computer unless the user affirmatively accepts the pop-up license agreement,

2) ensure that an uninstaller for the content protection software is made readily available to consumers,

3) ensure that the functionality of any updates or material changes in how the copy protection software is used is adequately disclosed,

4) ensure that the pop-up license agreement displayed to the user accurately describes the software in plain English

5) obtain comments about the license agreement from an independent third party

6) obtain an opinion from a qualified third party that the content protection software does not create any known security vulnerabilities,

7) collect only such information from CD users, but not personally identifiable information, as is necessary to provide the software functionality,

8) include on the jewel case a disclosure that the CD contains the content protection software; and

9) commit to fix any discovered security vulnerabilities through software updates verified as secure by a computer security expert.

What do you think of these consumer safeguard measures?  Do they go far enough to protect consumers?  Would another content provider following these guidelines be able to avoid the public relations difficulties that Sony has faced?

Today's Blogger: Eric Bass