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Comments

Roly Roper

Sorry folks, just checked FAQ link:

http://cp.sonybmg.com/xcp/english/faq.html#contentprotection

and it STILL says XCP ISN'T spyware, as it has all November.

-Roly

Kevin Calder

It does, but the point I was making was that their denial has been reworded from the earlier "Of course not". As reported here: http://bloglala.com/sony-bmg-music-entertainment-spyware-article-59.html the original FAQ from SonyBMG read: "I have heard that the protection software is really malware/spyware. Could this be true?
Of course not..."

Jeff V

If you decline the EULA, what rights do you have to use the CD you bought? Do you have any rights that you wouldn't have if you had accepted the EULA?

Secondly, even if you do accept the EULA and assuming that it's a valid contract, is the fact that Sony BMG would have broken the EULA if you had not accepted the EULA, grounds for invalidating the EULA as a whole? I expect there's a clause about survival of other clauses, however don't their actions show bad faith, and wouldn't this have implications for the contract as a whole? Would Sony lose rights as a result? Or could you gain rights that you wouldn't have had under the licence?

I can't find a full online copy of the Suncomm MediaMax EULA, but I expect it's broadly similar to the this one - http://www.sysinternals.com/blog/sony-eula.htm. The first part of that says:

----
Article 1. GRANT OF LICENSE

1. Subject to your agreement to the terms and conditions set forth in this EULA, SONY BMG grants to you a personal, non-exclusive and non-transferable license, with no right to grant sublicenses, to:

(a) install one (1) copy of SOFTWARE onto the hard drive of YOUR COMPUTER, solely in machine-executable form;

(b) install one (1) copy of any APPROVED MEDIA PLAYER(S) contained on this CD onto the hard drive of YOUR COMPUTER, solely in machine-executable form;

(c) use the SOFTWARE and any APPROVED MEDIA PLAYER(S) contained on this CD to access the DIGITAL CONTENT on YOUR COMPUTER or on an APPROVED PORTABLE DEVICE;

in each instance, solely for your own personal and private use and not for any other purpose (including, without limitation, any act of electronic or physical distribution, making available, performance or broadcast, or any act for profit or other commercial purpose) and in accordance with the terms and conditions set forth in this EULA.
-----

I'm wondering whether Sony BMG could have damaged their copyright on affected CDs as a result of their actions, giving you a lot more scope than the licence above.

Geoff

Are you going to try and raise a class action suit against Sony?. Sony-BMG have already changed the EULA quite early on in this saga.

Kevin Calder

I'm not sure that anyone in the UK could establish that they have suffered damage as a result of the use of the SonyBMG CDs. Did SonyBMG change the XCP EULA - do you have any details?

bob gardener

so if you decline how do you take XCP off your computer

Kevin Calder

Sony have provided a further software product to remove XCP. Details are available here: http://cp.sonybmg.com/xcp/english/updates.html

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