I think were gonna need a new definition for disclosure.
According to the EFF, http://www.eff.org/deeplinks/archives/004145.php
Sony's EULA pretty much covered what they did.
Well, it covered their butts, anyway. According to EFF lawyers, here's the breakdown of some of it.
If your house gets burgled, you have to delete all your music from your laptop when you get home. That's because the EULA says that your rights to any copies terminate as soon as you no longer possess the original CD.
You can't keep your music on any computers at work. The EULA only gives you the right to put copies on a "personal home computer system owned by you."
If you move out of the country, you have to delete all your music. The EULA specifically forbids "export" outside the country where you reside.
You must install any and all updates, or else lose the music on your computer. The EULA immediately terminates if you fail to install any update. No more holding out on those hobble-ware downgrades masquerading as updates.
Sony-BMG can install and use backdoors in the copy protection software or media player to "enforce their rights" against you, at any time, without notice. And Sony-BMG disclaims any liability if this "self help" crashes your computer, exposes you to security risks, or any other harm.
The EULA says Sony-BMG will never be liable to you for more than $5.00. That's right, no matter what happens, you can't even get back what you paid for the CD.
If you file for bankruptcy, you have to delete all the music on your computer. Seriously.
You have no right to transfer the music on your computer, even along with the original CD.
Forget about using the music as a soundtrack for your latest family photo slideshow, or mash-ups, or sampling. The EULA forbids changing, altering, or make derivative works from the music on your computer.
So, they can put whatever they want on your computer, and if they change it, you have to install the updates. It's OK if it gives them a back door, and their not at risk if they leave the back door open.
Sounds like exactly what they did.
The question then is, when they hide that information in legalese, and bury it in fine print, is it still disclosure?
I'm not a lawyer, but since before I was old enough to sign a contract I was told that if I didn't read it - my though luck. If I didn't understand it - I shouldn't have signed it.
The only bit of hope is if a judge rules that the contract is not binding for some reason. Maybe because the things it asks for are not legal, or not possible, or something like that. As EFF states in the above link, Sony's EULA has changed the rules. Rights that we have enjoyed while owning a standard CD, through "Fair Use" and "First Sale", have been taken away now. Sony may not be able to do that legally in an EULA. Like I said, I'm not a lawyer.
I do know this;
When things get to the point where you have to read a 3 page contract to buy a $15 item that doesn't shoot, explode, or even plug into the wall, It's a bad day for the free market system. Business, the legal system, and the consumers need to sort some things out fast, or commerce is going to grind to a halt.
I have a better chance of getting my computer infected by clicking OK on the contract, than I do downloading pirate copies on the internet. For anybody with a Windows machine that really needs it for school or work, what are you going to do?
It almost looks as though Sony has become the marketing division of Limewire and BitTorrent. If one of them had gone public in the last few months, I'd have looked into which Sony and First4internet Execs. had the stock.
So, does the EULA cover it? Or should Sony be required to put a large skull and crossbones on the cover, AND the CD.
Were going to have a dictionary when we are done, but...
How do you define "disclosure"?
Lampie (just call me webster) the Clown