Green & Noblin, P.C., Demands that Sony BMG Dig Out the Rootkit

Formal Demand Letter Sent to Sony BMG

San Francisco, CA, November 15, 2005. Green & Noblin, P.C. announced today that it sent a formal demand letter to Sony BMG demanding that Sony BMG fix the problems created by the XCP and Sunncomm MediaMax software contained on its music CDs. The software that includes damaging secret rootkit technology has potentially infected millions of computers around the world. Green & Noblin, P.C. is asking Sony BMG to take appropriate steps to remove the offending CDs from the marketplace and to offer refunds for those already in place.

Although billed by Sony BMG as common digital rights management (DRM) software that is just for copy protection, it seems that it is really much more. The XCP, or extended copy protection, software utilizes “rootkit” technology that hides the software from users. The software creates a security risk for personal computers that allows hackers to hide damaging programs in computers that have Sony BMG’s software in them. The software also secretly communicates with Sony’s servers and can be used to send information back to the users’ media player programs. The Sunncomm MediaMax software used on some Sony BMG CDs actually installs itself before the user is asked to agree to the terms of installation. For both XCP and Sunncomm software, the terms of the End User License Agreement (EULA) are asserted to be improper and without the proper disclosures for what is actually occurring when a user clicks on the button to “Agree” to its terms.

“The demand letter gives Sony BMG the opportunity to fix the problems it created with this software before a class action lawsuit is filed,” according to Robert Green, a partner at Green & Noblin, P.C.. Sony previously announced a “patch kit” that would reveal the software to users and recently announced that it would stop making CDs with the XCP software, but “there is a lot more it could do to fix the problems that it created for its customers,” Mr. Green said.

About Green & Noblin, P.C.: Green & Noblin, P.C., a national class action law firm based in San Francisco, California, represents consumers in high tech cases, as well as, personal finance cases, antitrust actions and securities litigation. If you wish to discuss this action with us or have any questions concerning a potential class action, please contact Robert Green by email at gn@classcounsel.com or visit our website at www.classcounsel.com.