It's here now, a
class action lawsuit has been filed in CA. Reading the claims, the suit seeks to answer (in plain english):
- If Sony was honest and correct in describing the nature and purpose of the rootkit.
- Did Sony make any false claims about the CDs and their uses
- Did Sony lie or mislead to the public about the content of the CDs
- Did Sony know, or was recklessly ignorant, of the damage the rootkit could cause
- Did Sony break any law about Music CD sales
- Did Sony break any advertising law with the CDs
- Did Sony break any specific CA laws
- Does Sony owe people who have been infected any money, and if so how much
A NY class action lawsuit is expected to follow soon. These things normally progress at a state level until a few states are involved, then they combine into a federal level. It make take a few years for a final decision, because Sony has the means to fight this all the way to the top. I see this as very likely as EULAs (those "I agree" button contracts) have not been challenged much, and there isn't much case law to cite. I see two major problems with 90% of EULAs are presented after the sale (in most cases, contracts entered after the sale are void) and EULAs are full of exculpatory claims (claims made that you are not allowed to make).
Of course, by reading my blog you agree that I may not know what in the Sam Hell I'm talking about and when you try to look cool infront of your law school chums and quote me, you can't come back and cry about it in my comments. You also agree that I can access your bank accounts and withdraw money for whisky as needed. You agree that "need" is defined as "whenever I want".
Posted By Mike On Friday, November 11, 2005
Filed under politics sony |
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