UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
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In re SONY BMG CD Technologies Litigation
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No 1:05-cv-09575 (NRB)
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SETTLEMENT AGREEMENT
This Settlement Agreement is made by and among individual and representative
Plaintiffs Edwin Bonner, Ori Edelstein, Joseph Halpin, Robert Hull, Andrew Klewan, John
Maletta, James Michaelson, Jeffrey Potter, Tom Ricciuti, Yvonne Ricciuti, Dora Rivas,
Mary Schumacher and James Springer (“Plaintiffs”), on behalf of themselves and, on the
terms set forth herein, the Settlement Class as defined herein, and SONY BMG Music
Entertainment (“SONY BMG”), a Delaware general partnership; First 4 Internet Ltd.
(“F4I,”), a corporation located in and organized under the laws of the United Kingdom;
SunnComm International Inc., a Nevada corporation headquartered in Arizona
(SunnComm International Inc. and MediaMax Technology Corp., a Nevada corporation
headquartered in Arizona, being collectively referred to herein as “SunnComm”;
SunnComm, F4I and SONY BMG being collectively referred to herein as “Defendants”;
and Plaintiffs and Defendants being collectively referred to herein as the “Parties), by and
through their respective counsel and representatives, as of the 28th day of December 2005,
to settle and compromise the claims of Plaintiffs and the Settlement Class on the terms and
conditions set forth below:
www.girardgibbs.com
I.
CLAIMS OF THE PARTIES
A.
SONY BMG markets and, directly and indirectly, including through
retailers, sells, among other things, compact discs (“CDs”) containing music from a wide
variety of genres. During the period beginning on August 1, 2003 through the present,
some, but not all, of the CD titles marketed and sold by SONY BMG, contained, in
addition to tracks of music, software (referred to herein as “Content Protection Software”)
that, whe