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Girard Gibs and Kamber and Associates sued Sony BMG, First 4 Internet and SunnComm International last month in regard to the Sony rootkit mess.

We have obtained a copy of a preliminary settlement that was filed today seeking judicial approval for a settlement in the Sony case.

The proposed settlement is as follows:  

Under the terms of the settlement, Defendants agree to:

• stop manufacturing SONY BMG CDs with XCP software (“XCP CDs”) and SONY BMG CDs with MediaMax software (“MediaMax CDs”);

• immediately recall all XCP CDs;

• provide software to update and uninstall XCP and MediaMax content protection software from consumers’ computers;

• ensure that ongoing fixes to all SONY BMG content protection software are readily available to consumers;

• implement consumer-oriented changes in operating practices with respect to all CDs with content protection software that SONY BMG manufactures in the next two years;

• waive specified provisions currently contained in XCP and MediaMax software End-User Licensing Agreements (“EULAs”);

• refrain from collecting personal information about users of XCP CDs or MediaMax CDs without their affirmative consent; and

• provide additional settlement benefits to Settlement Class Members including cash payments, “clean” replacement CDs without content protection software, and free music downloads.

Much more reading in the proposed settlement, which you can read here.


Alex Eckelberry