Sony BMG proposes deal & its legal issues come near an end

January 7, 2006

Since the discovery of Sony BMG's use of rootkits software back in October 2005, they have faced a serious amount of bad publicity and upset a lot of customers as a result of how they infected PCs with this, the serious side effects the rootkits caused, the license agreement problems and a security patch that caused more harm. Worse still, the CDs that used MediaMax software automatically infected the PC with the MediaMax software even if the user declined the license agreement, not to mention it been classed as Spyware.

A short while later Sony BMG was faced with a consolidated class-action lawsuit, which they settled late December. In an aim to regain customer's trust, Sony BMG has proposed a deal to replace the CDs with something else, discontinue similar copy protection systems and go back to the drawing board with its DRM. Those with XCP discs can get a free replacement, $7.50 cash or a Sony BMG album from one of three music download stores. Those with DRM infected CDs from 2003 & 2004 can download DRM-free versions of their disc's content.

Once the deal is approved by the US District Court for the Southern District of New York (if all goes to plan), it could pose problems for other content providers such as the movie studios who copy protect discs and downloadable content also, since the public are becoming more aware of the side effects of DRM. Despite all the side effects DRM has caused Sony BMG, they still plan to use copy protection again later on. To prevent this issue again, they will perform rigorous testing and prepare a plain English translated license agreement. However, they have decided to discontinue its use of XCP and even MediaMax copy protection.

Sony BMG will do rigorous testing to ensure that future copy-protection technologies don't expose purchasers' PCs to viruses and worms. It will conspicuously label copy-protected disks, as well as translate its end-user licensing agreement -- the box of mind-dulling fine print demanding that consumers click "I Accept" before a CD can be installed on a computer -- into plain English. The record company also will abandon the XCP and MediaMax digital-rights management technologies that came under fire.

That might sound like a common-sense approach to treating customers with honesty and fairness. Yet it actually breaks ground for an industry that's terrified by growing digital piracy, and diving for cover under increasingly aggressive -- and often sneaky -- content-protection schemes.

If the settlement goes any distance toward restoring consumer trust in Sony BMG, it could lead to broader industry recognition that consumers are willing to work with content creators as long as those outfits don't go too far. And other labels that use MediaMax technology might reconsider their digital-rights management.

The full in-depth article can be read here.

It is hard to believe that even after all the serious problems Sony BMG has caused themselves, their musicians as well as the consumers that they still insist on returning back to copy protecting their discs later on. Then again, while some would expect other music labels to start reconsidering the use of DRM, Capitol Records has put such restrictive DRM measures on Coldplay's latest album that some considers are actually having problems finding something that will even play their disc, never mind copy it!

Source: Top Tech News