Re: [dvd-discuss] Fwd: FC: California woman sues CD company over user-trackingtechnology

[Michael.A.Rolenz(at)aero.org]

They may be hoisted from their own petard....If they allow SPAM as 
commercial advertisement, then what of political speech spam? The 
electronic equivalent of Thomas Paines's "Common Sense" pamplet SPAMed to 
millions of people to make them aware of politics and politicians. If one 
accepts Judge Bork's belief the FA first and foremost covers POLITICAL 
speech, they really have no way to stop political groups from using SPAM 
to get their views to the public.




"D. C. Sessions" <dcs@lumbercartel.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
09/07/01 09:14 AM
Please respond to dvd-discuss

 
        To:     dvd-discuss@eon.law.harvard.edu
        cc: 
        Subject:        Re: [dvd-discuss] Fwd: FC: California woman sues CD company over 
user-trackingtechnology


On Friday 07 September 2001 08:53, you wrote:
> I'm wondering when the people who are writing bots to do DoS attacks 
begin 
> to do "agent of chaos" attacks against the people trying to create the 
> ultimate comsumer data mine. They can have their bots go out there, take 

> over computers and then send in false data from these spyware programs 
to 
> pollute the data bases. Once the database gets polluted enough, they can 

> never recover it and once their customers realize that they are wasting 
> more money sending out mis targeted advertisements, the revenue streams 
> dry up.

That depends on the cost of sending.  What you're talking about is spam,
no matter how you dress it up with 'targeting', and spammers have no
incentive to trim their lists because the marginal cost of sending is so 
low.

Why do you think that the DMA is fighting so hard to make sure that spam
stays legal?  Look at the way the supposed "anti-spam" bills currently
before Congress got rewritten into "Spammers' Bill of Rights" legislation.

>         To:     dvd-discuss@eon.law.harvard.edu
>         cc: 
>         Subject:        Re: [dvd-discuss] Fwd: FC: California woman sues 
CD company over 
> user-tracking technology
> 
> 
> I believe that it is.  And while CA B&P Code sec. 17200 isn't quite the 
> dragon it used to be, it still has plenty of fangs.
> 
> At 01:27 AM 9/7/2001 -0400, Wendy Seltzer wrote:
> >Is this the first consumers' rights complaint against "digital rights 
> >management"?   The complaint accuses Charley Pride's record label of 
> >unfair business practices for violating customers' reasonable 
> expectations 
> >about the portability of purchased music recordings and for violating 
> >their privacy.
> >
> >>To: politech@politechbot.com
> >>From: Declan McCullagh <declan@well.com>
> >>
> >>The complaint is here:
> >>http://www.techfirm.com/mccomp.pdf
> >>
> >>********
> >>
> >>From: ira@techfirm.com
> >>To: <declan@well.com>
> >>Subject: Lawsuit filed against Cloaking Company and Record Company
> >>Date: Thu, 6 Sep 2001 14:22:40 -0700
> >>
> >>Declan,
> >>
> >>Enclosed is a link to information about a lawsuit that we filed today
> >>against a Record Company and Sunncomm in which we alleged unfair 
> business
> >>practices and privacy violations related to Sunncomm's "Cloaking"
> >>technology.
> >>
> >>http://www.techfirm.com/mcrel.pdf
> >>
> >>If you have any questions please let me know.
> >>
> >>Ira P. Rothken
> >>Rothken Law Firm
> >>415-924-4250
> >>ira@techfirm.com
> >>www.techfirm.com
> >>
> >>
> >>Fahrenheit Entertainment and Sunncomm are Sued for Violating Privacy 
> Rights
> >>of California Consumers and for Unfair Business Practices
> >>Consumers are given no warning on the CD package that they cannot 
listen 
> to
> >>CD music on their family computers anonymously
> >
> >>FOR IMMEDIATE RELEASE
> >>SAN RAFAEL, Calif., September 6, 2001
> >>A California woman sued Fahrenheit Entertainment, Inc. and its label 
> >>Music City
> >>Records today on behalf of the General Public of the State of 
> California, 
> >>to enjoin
> >>them from selling music compact discs that have been designed, 
> >>programmed, and
> >>implemented to defeat the rights of consumers that include misleading 
> >>advertising,
> >>defective notices, and invasions of privacy. The suit alleges that 
> >>Fahrenheit and
> >>Music City never disclosed on the shrink-wrap of certain "impaired" 
> CD(s) 
> >>that
> >>consumers couldn't listen to music on their computers anonymously. If 
> left
> >>unchecked, this will be the start of an era where consumers will be 
> >>coerced to give
> >>up their privacy to listen to music on their computers.
> >
> >>The lawsuit was filed in California Superior Court - Marin County. The 

> >>lawsuit, entitled
> >>DeLise v. Fahrenheit Entertainment, Inc. et al, alleges that 
Fahrenheit 
> >>failed to disclose
> >>that unlike millions of Music Compact Disc(s) ("CD") sold before it 
that 
> 
> >>Fahrenheit's CD
> >>entitled "Charley Pride ­ A Tribute to Jim Reeves" will not work on 
> >>standard audio CD
> >>players found on millions of personal computers, that electronic music 

> >>files made
> >>available for download pursuant to purchase of its CD are proprietary 
in 
> 
> >>nature, that
> >>such electronic music files will not work on portable MP3 players, and 

> >>that the CD
> >>includes a proprietary electronic music scheme in conjunction with 
> >>Sunncomm (also
> >>named in the suit) technology that tracks, stores, and disseminates 
> >>specific consumer
> >>personal identifying information, listening data, and downloading 
habits 
> 
> >>to entities
> >>beyond the control of the consumer. There is no practical way to 
opt-out 
> 
> >>of the data
> >>collection or destroy the data once it is collected.
> >
> >>"Fahrenheit, in our view, has an obligation to the General Public to 
> >>truthfully and
> >>adequately inform them, before the CD sale is made, about what they 
are 
> >>taking from
> >>them as a condition of playing the music CD on a family computer, 
namely 
> 
> >>personal,
> >>private information. Consumers have a right to privacy and to be free 
> >>from false and
> >>misleading advertising, protected by the laws of the State of 
> California. 
> >>It is our view
> >>that Fahrenheit and Music City do not disclose the privacy intrusion 
and 
> 
> >>other
> >>limitations with specificity on the CD container since it would likely 

> >>hurt sales. If the
> >>defendants want to implement Digital Rights Management technology they 

> >>have to do
> >>so responsibly so the consumer can make an informed decision about 
> buying the
> >>burdened CD" said Ira Rothken, an attorney representing Karen DeLise, 
on 
> 
> >>behalf of
> >>the General Public of California.
> >
> >>The Plaintiff is requesting an injunction against Fahrenheit and 
> >>Sunncomm, stopping
> >>them from tracking consumer habits and requiring the Defendants to 
> >>provide adequate
> >>notice of the privacy intrusions and CD deficiencies.
> >
> >>If you wish to discuss this case or have any questions please contact 
> >>Plaintiff's lead
> >>counsel, Ira Rothken of THE ROTHKEN LAW FIRM at 415-924-4250 or via 
> e-mail at
> >>ira@techfirm.com. The law firm web site is located at 
> >>http://www.techfirm.com.
> >>CONTACT: ROTHKEN LAW FIRM
> >>Ira P. Rothken, Esq., 415/924-4250
> >>
> >>
> >>
> >>
> 
>>-------------------------------------------------------------------------
> >>POLITECH -- Declan McCullagh's politics and technology mailing list
> >>You may redistribute this message freely if you include this notice.
> >>Declan McCullagh's photographs are at http://www.mccullagh.org/
> >>To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
> >>This message is archived at http://www.politechbot.com/
> 
>>-------------------------------------------------------------------------
> >
> >--
> >Wendy Seltzer -- wendy@seltzer.com
> >Fellow, Berkman Center for Internet & Society at Harvard Law School
> >http://cyber.law.harvard.edu/seltzer.html
> 
> 
> --------------------------------------------------------------------
> James S. Tyre                               mailto:jstyre@jstyre.com
> Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
> 10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
> Co-founder, The Censorware Project             http://censorware.net
> 
> 
> 
> 
> 

-- 
| I'm old enough that I don't have to pretend to be grown up.|
+----------- D. C. Sessions <dcs@lumbercartel.com> ----------+