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

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

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.




"James S. Tyre" <jstyre@jstyre.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
09/06/01 10:39 PM
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-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
>>
>>
>>
>>
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>
>--
>Wendy Seltzer -- wendy@seltzer.com
>Fellow, Berkman Center for Internet & Society at Harvard Law School
>http://cyber.law.harvard.edu/seltzer.html


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James S. Tyre                               mailto:jstyre@jstyre.com
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Co-founder, The Censorware Project             http://censorware.net