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the zapkitty

01/05/06 4:23 PM

#37326 RE: t d j #37321

Posted by: t d j
In reply to: A deleted message

"Zap,

MediaMax..."


Er... which Mediamax? The one in current
release, which has not been recalled, is a
very different beast from what you describe.

"MediaMax allows you to copy music, "

Per the settlement, with unwarranted restrictions.

"transfer to all portable music players"

No. As presented on the CD and under the
EULA, no.

" and remove the software with the uninstaller."

As presented on the CD and under the EULA, no.
There is no uninstaller, nor is one referred to.

" What specific road block is in the way of version 6? "

As long as the settlement provisions remedying
the above are followed, none :)

SuncMax has made some provisions either under the
table (music to ipod) or after the fact (uninstall)
but 6.0 must have all settlement provisions built
in and clearly disclosed.

The provisions I refer to... if Mediamax was as you
described it then this would read very differently.

http://www.sunbelt-software.com/ihs/alex/sonysettleme23423423434nt.pdf

This is the "Motion And Memorandum Of Law", a
motion for, and summary of, the settlement that
gives the judge advance notice of what the full
settlement will do for all parties involved.

A quote from that:

"Defendants have agreed to waive certain of
their rights under the XCP and MediaMax EULAs.
These waivers will allow consumers to remove the
XCP and/or MediaMax software from their computers,
listen to the audio files across all file formats
and in all portable music players, and choose not
to download future updates of the XCP or MediaMax
software. Once these provisions are waived,
consumers will not have to be in possession of the
SONY BMG CD to hold a license for the audio files,
will not be precluded from copying music files and
other digital content on the CDs, will be allowed
to resell the CDs, and will not lose their licenses
for the software if they file for bankruptcy
protection or are declared insolvent. Also,
Defendants waive their rights to be indemnified by
users of the XCP or MediaMax software for harm
arising from their use of the software."

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the zapkitty

01/05/06 5:14 PM

#37330 RE: t d j #37321

Posted by: t d j

"Zap,

MediaMax..."


Er... which Mediamax? The one in current
release, which has not been recalled, is a
very different beast from what you describe.

"MediaMax allows you to copy music, "

Per the EULA, with unwarranted restrictions.

"transfer to all portable music players"

No. As presented on the CD and under the
EULA, no. Per the Sony-Apple conflict ipods are
excluded by the EULA.

" and remove the software with the uninstaller."

As presented on the CD and under the EULA, no.
There is no uninstaller, nor is one referred to.

" What specific road block is in the way of version 6? "

As long as the settlement provisions remedying
the above are followed, none :)

SuncMax had incidentally met some of the
provisions, but they were either "under the
counter" (music to ipod) or after the fact
(uninstall)... and nothing for the rest of
the provisions. The provisions must be met
in the version of Mediamax 6 distributed
on CD and the EULA must match as well.

Those provisions are summarized here.
http://www.sunbelt-software.com/ihs/alex/sonysettleme23423423434nt.pdf

See my reply to zstevek for a quote from it.