The complaint is here: http://www.techfirm.com/mccomp.pdf ******** From: iraat_private To: <declanat_private> 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 iraat_private 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 iraat_private 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/ -------------------------------------------------------------------------
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