FC: California woman sues CD company over user-tracking technology

From: Declan McCullagh (declanat_private)
Date: Thu Sep 06 2001 - 19:58:57 PDT

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    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
    
    
    
    
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