The Computer Corner
By Charles Miller, Feb 9, 2007

Sony’s atonement

Two times last year, this column was devoted to coverage of Sony BMG Music Entertainment and their shenanigans regarding a virus-like software program they surreptitiously installed on unsuspecting customers’ computers.

As it turns out, some of the earlier information is now wrong, having been overtaken by events, and I feel the need to update the record.

In 2005, Sony BMG, a joint venture of Sony and Bertelsmann AG, shipped more than 12 million music CDs that included Digital Rights Management (DRM) software that installed itself on consumers’ computers without their knowledge or consent. The purpose of the Extended Copy Protection (XCP) software was to cripple the user’s computer to prevent it from being able to make illegal copies of music CDs.

The problem was that the XCP software crashed some computers on which it installed itself and opened the door for other virus infections.

I wrote last year that consumers could not expect to ever see any compensation for the damage wreaked by Sony BMG because their End User License Agreement (EULA) stated that the user agreed to a limit of US$5 for any legal claims against Sony. I am happy to report this is no longer correct.

The US Federal Trade Commission has just last week announced that Sony BMG Music Entertainment agreed to reimburse consumers up to US$150 for damage to their computers caused by the Sony XCP and DRM software. The settlement requires Sony to allow consumers to exchange affected CDs, requires Sony BMG to clearly disclose limitations on consumers’ use of music CDs and prohibits Sony from installing software without advised consent of the consumer.

Of course, Sony BMG did not admit to violating any law or wrongdoing.

For the next two years, Sony BMG must provide on their website an uninstall tool and patches to repair the security vulnerabilities of consumers’ computers.

I opened my internet browser and went to www.sonybmg.com and, sure enough, there was a link near the bottom of the page titled “Settlement Information Regarding XCP and MediaMax Content Protection.”

Clicking on the link took me to another page, where I found “To submit a claim under the Class Action Settlement regarding XCP and MediaMax Content Protection, click here” and another link “To submit a claim for reimbursement of repair expenses associated with XCP, click here.”

My good friend Larry in Shreveport, Louisiana, is convinced that the crash of his computer last year was a result of his playing a Sony BMG music CD. I clicked on the second link to see what he would be in for if he tried to pursue a claim.

He will need “Proof of Purchase of a Sony BMG CD” in the form of a sales receipt, canceled check, credit card statement or original UPC symbol cut from the CD artwork.

Next he will need to describe the problem observed and submit copies of repair receipts itemizing the work that was done to repair his computer.

After that, the claimant must “swear or affirm under penalty of perjury” that all of the statements and representations made in the claim form are true and accurate.

From their website, it appears that Sony BMG is making a good faith effort to atone for their wrongdoing. I hope to be able to later report that my friend Larry has received his check for US$150.

Charles Miller is a freelance computer consultant, a frequent visitor to San Miguel since 1981 and now practically a full-time resident. He may be contacted at 044-415-101-8528 or email FAQ@SMAguru.com.