News

Justice Winkler of the Ontario Superior Court of Justice today approved a settlement in the Ontario class action against SonyBMG. Canadian consumers of affected CDs are entitled to an $8.40 refund and/or free downloads, if they present Sony with receipts or return the disk. As a result of CIPPIC's objection, the approved settlement includes a new clause requiring Sony to notify class counsel (who will then notify CIPPIC) if Sony decides to introduce any similarly-bugged CDs in the Canadian market prior to Dec.31, 2007. The judge noted that "this is one of those rare cases where the principal result of the litigation is more broadly based, the discontinuance of this practice by the defendant and beneficial impact of this on the general public and consumers." Unofficial copy of Judicial Endorsement of Settlement Agreement Notice to Class Members

CIPPIC has filed an objection to the proposed Canadian settlement to the Sony BMG rootkit class action. Sony BMG offers Canadian consumers far less than it offered American consumers in the US class action settlement, and offered no rational explanation for the different treatment. CIPPIC will appear at the class proceeding's fairness hearing, currently scheduled for 9:00 a.m., 21 September, at 361 University Avenue, in Toronto. - Objection - Affidavit of David Fewer - Affidavit of Cindy Cohn - Exhibit 1 to Cohn Affidavit - Exhibit 2 to Cohn Affidavit

CIPPIC, together with the Public Interest Advocacy Centre (PIAC), has filed its factum and Book of Authorities (hard copy only) in the Supreme Court of Canada case Dell Computer Corp. v. Union des Consommateurs et al. This case involves the enforceability of a mandatory arbitration clause in online terms and conditions of sale that were not brought to the attention of consumers. The hearing is set for December 13, 2006.

Sony BMG has agreed to settle the Canadian class actions launched in response to its ill-advised distribution of controversial Digital Rights Management implementations. The Canadian settlement mirrors differs significantly from that reached in the United States, and applies to both MediaMax DRM and the infamous First4Internet XCP "rootkit". - Terms of Settlement Update: Commentators reviewing the Canadian settlement note that it differs in significant ways from the terms of the US settlement. Particularly, Sony BMG has refused to offer Canadians the same assurances that it will not in the future subject Canadians to similarly abusive conduct. - Michael Geist, Sony's Rootkit Settlement Leaves Canadian Consumers Unsettled - Howard Knopf, SONY Settlement Unsettling?