Who's At Fault For Leaving Sony BMG CDs On The Market?

from the questions-questions-questions dept

We've been hearing stories about New York and Texas are investigating or suing Sony BMG over the rootkit CDs -- but the issue in both cases is that the CDs are still on sale at retail outlets, despite Sony BMG's recall of the discs. Of course, one question that hasn't really been addressed is who is responsible for that? Assuming Sony BMG properly issued the recall, then doesn't it become the retailers' responsibility to remove the CDs from the shelves? How much of the fact that these CDs are still on the shelves can be chalked up to retail store owners hoping to cash in on CD sales during the holiday buying period and choosing to ignore the recall?


Reader Comments (rss)

(Flattened / Threaded)

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    identicon
    Anonymous Coward, Nov 30th, 2005 @ 4:56pm

    No Subject Given

    I would think that if a retailer continues selling those disks after Sony issued the recall, they would then become liable for any damages the rootkit causes.

    I would bet that the disks are still for sale, not because of retailer greed, but laziness and incompetence.

     

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      Anonymous Coward, Nov 30th, 2005 @ 5:25pm

      Re: No Subject Given

      I would guess that retailer incompetence is to blame. One thing that would quickly wake them up is some well-written notes to their legal departments. Something along the lines of: "you are selling a product with proven security problems -- if you do not remove it from your shelves, you could be held accountable"

       

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    Jeremiah, Nov 30th, 2005 @ 5:31pm

    RIP CD's

    Somewhat related: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/11/28/DDGLEFS0KE59.DTL&hw=compact&sn=001&sc=10 00

    RIP, CD's. And good riddance, you shiny, wasteful, toxic bastards.

     

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    identicon
    Jeremiah, Nov 30th, 2005 @ 5:32pm

    RIP CD's

    Somewhat related: RIP, CD's. And good riddance, you shiny, wasteful, toxic bastards.

    PS - sorry for the repost - fixed link.

     

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      Tehpyro, Nov 30th, 2005 @ 6:27pm

      No Subject Given

      I think that its sony's fault no matter what... Don't play up this bullSh*t by blaming the retailer... sony put these on the shelves in the first place..

       

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    identicon
    Just Me, Dec 1st, 2005 @ 6:46am

    Retail

    I worked in retail for about a year. Every morning we had a printout from HQ with a list of things to do before the store opened. One of the items was always to pick something off of the shelves and ship it back to the warehouse. Maybe the software biz is different from selling CDs, but about a day later the system was updated and wouldn't even let us sell a discontinued item.

     

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    DV Henkel-Wallace, Dec 1st, 2005 @ 9:12am

    Is it even a "CD"

    Does it even conform to the red book? Maybe it's not even a CD, and so they would be liable for trademark violation as well...

     

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