I think my CD drive was seriously damaged by the XCP or MediaMax software. Do I have to give up my claims against Sony BMG for this injury?
No. The settlement does not release claims for: • damage to a computer or network resulting from interactions between the XCP Software or the MediaMax Software and your computer (e.g., damage to your hard drive); • damage related to your reasonable efforts to remove the XCP Software or the MediaMax Software; or • copyright, trademark or other claims arising from the development of the MediaMax Software or the XCP Software, or any uninstallers or updates thereto. You may still sue Sony BMG for any such claims, whether or not you choose to take advantage of the settlement benefits. As part of the settlement process, Sony BMG agreed to waive its overreaching New York forum selection clause and $5 limit on damages, so you can take them to your local small claims court for your damages. See here for more information about the small claims process.
