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Canadian "Rootkit" Class Action Lawsuits Launched Against Sony
Several Canadian class action lawsuits were initiated against Sony BMG Music (Canada) this week over copy-restriction software that it was alleged to have used in music CDs just as its U.S. counterpart sought approval for a settlement in a similar class action lawsuit in a New York Southern District Court. The allegations contend that the company damaged Canadians’ computers with music CDs encoded with Media Max and XCP digital rights management software that, though designed to counter online piracy, effectively rendered computers vulnerable to hackers and invasions of privacy without the users’ knowledge or consent. The installation of the software was allegedly hidden using a “rootkit”. In addition, the claim alleges that the software was able to spy on and send users’ listening habits to Sony.
The U.S. settlement contemplates three categories of class members to be compensated with replacement CDs that will not contain the offending software. Some category members would be given the choice of $7.50 and a free album download, or no money and three album downloads. The Canadian cases should generate additional attention on the risks associated with technological protection measures and the need for statutory protections against their misuse. Counsel for the Canadian plaintiffs stated that they should be entitled to expect the same level of compensation as their U.S. counterparts.
For additional information, visit:
http://www.ottawasun.com/News/OttawaAndRegion/2006/01/06/1381035-sun.html