Calling Sony BMG's Bluff; Canadian Rootkit Settlement Improved. Thanks to the quick action of the Canadian Internet Policy and Public Interest Clinic, Canadian consumers are getting a better deal from Sony BMG.
As EFF and others reported, the proposed Canadian Sony BMG rootkit settlement lacks several important consumer protection provisions (e.g. disclosure and testing requirements) that were included in the U.S. settlement. On Monday, CIPPIC filed an objection to the proposed settlement, challenging this glaring omission and the woefully inadequate and misleading "explanation" that Sony BMG offered for it. EFF submitted an affidavit in support of the objection, setting the record straight on the context and details of the U.S. settlement.
Taking note of the objection at a hearing on the settlement last week, the Canadian court required Sony BMG to give effective prior notice to Class Counsel and CIPPIC if it decides to use any DRM in Canada that has not already been independently vetted for security problems, as required by the U.S. Settlement. Thus, CIPPIC will be able to intervene to protect Canadians from becoming guinea pigs for DRM.
What's more, the settlement is not the end of Sony BMG's legal woes in Canada: it may now face investigations from Canadian regulators as well.
One of Sony BMG's lame excuses for the absence of stronger consumer protections in the Canadian settlement was that it only agreed to those provisions in the U.S. in response to pressure from U.S. government entities. Since the Canadian government wasn't leaning on Sony BMG as well, the label figured it didn't have to do the right thing.
Sony BMG's effort to rewrite history backfired. Taking up Sony BMG's implicit dare, CIPPIC filed complaints with five government agencies, calling for investigations into Sony BMG's conduct.
Now it's time for Canadian regulators to pick up where the civil litigators left off, and make sure Canadian customers--and their computers--get the protection they deserve. [EFF: Deep Links]
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