Under the terms of the settlement, Defendants agree to:
• stop manufacturing SONY BMG CDs with XCP software (“XCP CDs”) and SONY BMG CDs with MediaMax software (“MediaMax CDs”);
• immediately recall all XCP CDs;
• provide software to update and uninstall XCP and MediaMax content protection software from consumers’ computers;
• ensure that ongoing fixes to all SONY BMG content protection software are readily available to consumers;
• implement consumer-oriented changes in operating practices with respect to all CDs with content protection software that SONY BMG manufactures in the next two years;
• waive specified provisions currently contained in XCP and MediaMax software End-User Licensing Agreements (“EULAs”);
• refrain from collecting personal information about users of XCP CDs or MediaMax CDs without their affirmative consent; and
• provide additional settlement benefits to Settlement Class Members including cash payments, “clean” replacement CDs without content protection software, and free music downloads.
According to ZDNet:
Customers who exchange their XCP CD can either download three albums from a list of over 200 titles, or claim a cash payment of $7.50 and a free download of one album. To claim this compensation, customers must return their XCP CDs to Sony or provide the company with a receipt showing they returned or exchanged the CD at a retailer after Nov. 14.
Sony is not recalling MediaMax CDs, but has agreed to compensate buyers of these albums by allowing them to download one free album, as well as offering them MP3 versions of the music on the MediaMax album.
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