Hypnosis4U2NV used our news submit to tell us "Seems that when a user rejected SunnComm's EULA agreement which installed the XCP RootKit onto computers, the MediaMax software was installed even without the users consent.. Thats pretty sneaky of Sony and makes you wonder what else have they done before the XCP RootKit and MediaMax malware was discovered.."
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The new charges brought by Abbott contend MediaMax software used by Sony BMG to thwart illegal copying of music on CDs violated state laws because it was downloaded even if users rejected a license agreement. "We keep discovering additional methods Sony used to deceive Texas consumers who thought they were simply buying music," Abbott said in a statement.The original lawsuit contends Sony BMG secretly installed copy-protection software, using XCP programs, that was extremely difficult to remove from users" computers. |
This story is quite interesting. Abbott initially filed suit under the Texas "Consumer Protection Against Computer Spyware Act of 2005". This was a civil case and brought with it some harsh penalties if lost by Sony/BMG. SunnComm and Sony would then be made to pay penalties of $100,000 for each violation of the law, plus all fees and costs connected with the case! Remember, this is a civil case, just like the RIAA files against consumers in piracy cases. In this type situation, you are guilty until you can prove you are innocent, unlike a criminal trial. The additional allegations that were filed today, invoke the Texas Deceptive Trade Practices Act. The State of Texas are upset because people got more than the music they bargained for with this added spyware. Spyware that was loaded with out the consumers consent.
Also, it would seem that Sony is now in trouble in a new way, that is actually criminal in my mind. Although, the state is just saying there is a violation the state's laws on deceptive trade practices by hiding "spyware" on these Sony BMG compact discs.
To me it goes beyond that. The fact that the software installed on a computer even though the EULA was declined should be considered a serious matter in itself, I don't care what kind of software it is. The root of the problem as I see it with my lay logic, is that by declining to accept the EULA, Sony did not have a binding contract with the music purchaser. It takes two to tango on a contract, therefore they had no right to install any software-period, paragraph. To me this is akin to trespassing, like entering private property without permission and doing vandalism. We do have some legal minds around here, maybe they will give us a learned response, as I certainly have not the slightest expertise in such matters. It would sure be fun to hear some more about this from someone knowledgeable!
One thing we can be sure of, if this lawsuit causes money to change hands in Texas, from Sony and SunnComm, to the states attorneys, there will be other states that have similar laws filing suits straight away.
Source: Yahoo!
I thought what would be cool is every person that declined the EULA and still got stuck with the spyware, would each file an individual trespassing lawsuit against Sony and SunnComm. Then hit them up for damages plus court costs. Just flood the system with suits.
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