ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Intellectual Property Law Blogs -> IP Blawg

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Intellectual Property Law

: IP Blawg

Sony Seeks To Settle

By Farella Braun + Martel LLP

ADVERTISEMENTS

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

Full post as published by IP Blawg on January 09, 2006 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0022 secs (from cache 10/31/26 05:50:05)