DIGITAL RIGHTS MANAGEMENT

What is Digital Rights Management?

Digital Rights Management (DRM) can be broadly defined as the technology used by companies to restrict the use of digital content. DRM technology is found in a wide variety of digital media, including e-books, online music stores, DVDs and CDs. DRM technology is frequently used to protect copyrighted material by restricting the user’s ability to copy or distribute it. For instance, music-downloading sites contain DRM technology that links downloaded songs to the purchaser’s computer. DRM may also restrict the use of a digital product to particular software.

Sony/BMG Class Action Lawsuit

Some applications of DRM technology have caused security problems for users. In 2006, Girard Gibbs settled a class action lawsuit against Sony BMG involving two DRM software programs that were included in some of its CDs. The lawsuit alleged that the DRM CDs installed hidden software on the users’ computers, causing their computers to be more susceptible to viruses. Once the hidden software was installed, it was extremely difficult to uninstall. The DRM software also allowed Sony to obtain personal information about the user’s computer. The End User License Agreement failed to adequately disclose the DRM feature of the software.

Girard Gibbs achieved a settlement requiring Sony to stop manufacturing CDs containing the DRM software in question. The settlement also stipulated that going forward, Sony must fully disclose the features of digital rights management software, provide an uninstall function, and verify that the software does not contain any known security vulnerabilities.

Learn More About Sony/BMG Class Action Lawsuit

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007, 2008, and 2009 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.