Universal Music Sued Over American XS - Bounce Pushed Back??

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Universal Music sued over PIN code on new Bon Jovi album
Thu Sep 26, 1:34 PM ET
By LINGLING WEI

NEW YORK - Vivendi Universal SA's Universal Music Group is being sued by a New York technology company for allegedly infringing upon its anti-piracy technology, setting up a potential roadblock for the release of the new album "Bounce" by the band Bon Jovi.

DownloadCard Inc., a provider of anti-piracy services, on Wednesday asked a federal court judge in New York to prohibit the world's largest music group from using what DownloadCard says is its proprietary technology.

At issue is a promotional program, called "American XS," that was launched Sept. 16 by Universal Music in connection with the Bounce release — scheduled for Oct. 8 in the United States.

The plan is based on a unique PIN code, or serial number, that will come with every album shipped. The buyer of the CD can type in the number at the band's Web site. Then, after providing personal information including age, gender and location, the owner will be registered as a member who will be regularly notified by e-mail of "Bon Jovi exclusives," which may include the opportunity to chat with the band.

DownloadCard contends the plan is "precisely the program created by DownloadCard ... and offered to" Universal Music for the Bounce release.

The case will be heard next Thursday in front of Judge Charles Haight Jr. in the United States District Court in the Southern District of New York.

A spokeswoman at Universal Music declined to comment.

DownloadCard is seeking compensatory damages from Universal Music. The amount will be determined at trial and could be more than $750,000, according to the suit.

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Okay, so what does this mean? DownloadCard is claiming to have sole proprietorship to the technology behind the PIN numbers, and claiming that Universal created the American XS system by basing it around the idea that DownloadCard pitched to them and own the rights to...

Right?

This could be bad.. This American XS idea looked to be a good addition to the new record, and now, if this all goes thru, all copies will have to be pulled and repackaged - which will not only cause us to lose the American XS gimmick, but also will push back the release date in the US!!

Thanks to NORM

Bounce02,

Thanks for the credit.

Anyhow, my question is this: did DownLoad Card Inc. have this idea patented already, or did they even have it copyrighted? If not, I don't see this case lasting long at all. At least, I hope not!

Take Care,
Norm

I asked BJHQ about a delay yesterday and they said there would be no delay. I think they will just need to throw money at the problem and it should go away- they should settle this without a problem. Let's keep the faith!

Hopefully - But of course BJHQ would say that; & if Universal lose - they won't have a say in the albums being recalled. Hopefully they can settle it quickly with a big fat out of court settlement.

Mike

you would think that for them to sue, they must have already had a patent on it....coz I can't see any other reason for them to take it this far if they didn't