[Mr.PD]

I think this warrants a new thread.
As I mentioned in the thread about the new Velvet Revolver CD Contraband, the disc is protected.
I had to wade through a long licensing agreement and agree to it before getting the CD to play on my computer. Then it downloaded some "keys" from the disc (or the internet, I'm not sure which) and started playing with its own player at 128KBS.

I brought up Musicmatch and tried recording the disc in to MP3 format. It looked like all was going well until I played the files. They are all screwed up. This disc is worthless to me if I can't make it into MP3 for my portable player. I see that there is very fine print on the back of the label that alludes to the copyright aspects of the CD, but it is written in such a way that 1) I need a magnifying glass to read it and 2), it could be referring to multi media aspects. Which I haven't found any of yet. I did find where I can "download" the music to my computer from the disc. It makes WMA protected files at 128kbs.

What the heck am I gonna do with those? I doubt that I will be able to convert those to MP3 format. I also found a section via the internet connection from the disc where I can ask a question. I think I will ask them why they don't make the warning label bigger. They do expressly deny any warranty as to the usability of the disc. So, I guess I'm left holding this bag.

BMG and RCA are now on my "don't buy from list".
Here is the license agreement, I copied it to notepad.
BMG DIGITAL CONTENT END USER LICENSE AGREEMENT


This CD contains digital music files and related content (Digital Content) as a bonus for you, the End User (End User or you). Access to the Digital Content requires digital keys that are downloaded to your computer system via a secure digital key delivery system. Your acceptance of this End User License Agreement (Agreement or EULA) is required for these digital keys to be downloaded and for you to use the bonus Digital Content. At your option you may copy the digital content to your computer system. This audio compact disc utilizes MediaMax technology by SunnComm to deliver enhanced features to your computer. In order to properly utilize this CD on your computer, it is necessary to install a small software program on your computer hard drive. At no time will any information provided by you in connection with the installation of the software system be collected about you or your computer. If you do not agree to all of these terms and conditions you must select the “I do not accept the terms of the agreement” button on your screen and not download the digital content and software.

PLEASE READ CAREFULLY:

This Digital Content End User License Agreement is a legal agreement between you and BMG. Upon your acceptance of the terms and conditions of this Agreement, BMG hereby grants to you a non-exclusive, non-transferable license to use the Digital Content solely in accordance with this Agreement. By licensing and using the Digital Content, you agree that:

I.The Digital Content is for your personal, non-commercial use only;

II.You will not reverse engineer, decompile, disassemble or otherwise tamper with or modify the Digital Content; and

III.You will comply with and will not circumvent or attempt to circumvent the BUSINESS RULES (as defined below) or any technology designed to enforce the BUSINESS RULES.

YOUR ACCEPTANCE OF THIS AGREEMENT MUST BE CONFIRMED BY SELECTING THE “I ACCEPT THE TERMS OF THE AGREEMENT” BUTTON ON YOUR SCREEN PRIOR TO DOWNLOADING THE DIGITAL KEYS. THESE DIGITAL KEYS ARE REQUIRED TO ENABLE YOU TO USE THE DIGITAL CONTENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU MUST CLICK THE “I DO NOT ACCEPT THE TERMS OF THE AGREEMENT” BUTTON ON YOUR SCREEN AND NOT DOWNLOAD THE DIGITAL KEYS AND NOT USE THE DIGITAL CONTENT.

1.BUSINESS RULES:

1.1.Digital Content System: You may only download the Digital Keys to a personal computer designated for your private use and use Digital Content on software players (Compliant Software) and portable devices (Compliant Device) (collectively, Digital Content Systems) that are:

1.1.1.Compatible with the technology used to deliver and secure the Digital Content (including encryption, decryption, compression, decompression, file format, etc.).
1.1.2.Compliant with BMG's Digital Content security requirements. Most Digital Content Systems will inform you in the event that it does not meet the systems and software requirements herein mentioned.

1.2.Your rights to use the Digital Content are conditioned on your ownership of a license to use and possession of the original Compact Disc (CD) media and are terminated in the event you no longer own or possess the original CD media.

1.3.Except as expressly provided herein, you shall not copy, modify, reproduce, sell, distribute or otherwise transfer the Digital Content. You may not reverse engineer, decompile, translate, adapt or disassemble the Digital Content or the software contained in it and/or on this CD.

1.4.You acknowledge that duplication of the original Compact Disc (CD) is a violation of copyrights not only to the Digital Content, but to proprietary software that is included on the CD for, among other things, authentication and security purposes and facilitating implementation of the Digital Content on a Compliant Device.

2.USE OF DIGITAL CONTENT.

2.1.This CD uses digital rights management software (Software) to protect the copyrights associated with the Digital Content. You understand and acknowledge that the rights you are herein granted with respect to the Digital Content for use in connection with the Software will be limited by copyright and other intellectual property laws. Even though your personal right to use the Digital Content on this CD is generally indefinite and for as many playbacks as you wish, you understand and acknowledge that the rights herein granted are also governed by the Business Rules assigned by the Digital Content owner and enforced through the Software. Compliant Players and Compliant Devices are capable of interpreting the Business Rules contained in the Software, allowing you to listen to, view and/or read the Digital Content contained on this CD. The Digital Content may be owned by BMG or by third parties. You agree that each owner of Digital Content for which you accept this license shall be a third party beneficiary under this Agreement with the right to enforce the terms or provisions of this Agreement that directly concern its Digital Content and/or Business Rules. BMG, as a Digital Content owner (and/or Digital Content licensor or licensee), reserves the right to use the Software at any time to enforce the Business Rules with or without notice to you. Other Digital Content owners may also reserve this right in respect of their Digital Content.

3.WARRANTIES AND DISCLAIMER OF WARRANTIES:

3.1.You expressly acknowledge and agree that as it concerns BMG and/or any of its licensors or partners, the use of the Digital Content is at your own sole risk. DIGITAL CONTENT IS PROVIDED BY BMG SOLELY, "AS IS" AND WITHOUT WARRANTY OF ANY KIND BY BMG AND/OR ANY OF ITS LICENSORS OR PARTNERS AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BMG AND/OR ANY OF ITS LICENSORS OR PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT DIGITAL CONTENT WILL MEET YOUR REQUIREMENTS OR THAT USE OF DIGITAL CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. BMG AND/OR ANY OF ITS LICENSORS OR PARTNERS DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF DIGITAL CONTENT WITH RESPECT TO ITS PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO BMG AND/OR ANY OF ITS LICENSORS OR PARTNERS. YOU ASSUME THE ENTIRE RISK AS TO ACCESS TO AND USE OF DIGITAL CONTENT. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS AND THUS, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


4.LIMITATION OF LIABILITY:

4.1.UNDER NO CIRCUMSTANCES WILL BMG OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, DEVELOPERS, SUPPLIERS OR DISTRIBUTORS (OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES) (COLLECTIVELY "AGENTS") BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY DIGITAL CONTENT THAT CAN OR DOES EXPOSE BMG OR ITS AGENTS TO CRIMINAL OR CIVIL ACTIONS. IN NO EVENT WILL BMG OR ITS AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, MULTIPLE OR SPECIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE DIGITAL KEYS OR DIGITAL CONTENT, INCLUDING BUT NOT LIMITED TO LOST BUSINESS PROFITS AS A RESULT OF DOWNLOADING THE DIGITAL KEYS OR ACCESSING THE DIGITAL CONTENT, EVEN IF BMG AND/OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICITONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT AS APPLIED IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS WHOLLY PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, BMG AND ITS AGENTS SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.

5.TERM. This Agreement is subject to immediate termination, without notice, if you breach any provision of this Agreement; provided that if such termination without notice is expressly prohibited by applicable law, then such termination shall occur based upon notice in the event of any breach. BMG may revoke your rights to use Digital Content pursuant to the terms of this Agreement; in the case of a violation by you of the Agreement; in cases of suspected fraud by you or another; in cases of a suspected security breach by you or another; in order to forestall or remedy any legal exposure to BMG or its Agents; and in other situations in which BMG in its judgment believes it advisable to do so in order to protect Digital Content and/or BMG or its Agents. Upon any termination of this Agreement your rights to access or use the Digital Content shall immediately cease and you shall immediately discontinue all such or use thereof.

6.MISCELLANEOUS

6.1.Any and all actions arising out of or in any manner affecting the interpretation of this Agreement shall be governed and construed solely by, the laws of the State of New York, excluding conflict of law principles. As to any dispute, you hereby unconditionally and irrevocably consent to the exclusive jurisdiction of and venue in the state courts of the State of New York and the U.S. District Court located in New York County, and irrevocably: (i) waive any objection whatsoever (including any objection with respect to venue) that you may now or hereafter have to the jurisdiction or venue of said courts; and (ii) consent to the service of process of said courts by the mailing of process via US Mail.

6.2.If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, such provision or portion shall be enforced to the maximum extent permissible consistent with the terms hereof, and the remainder of this Agreement shall continue in full force and effect.

6.3.Except as expressly set forth herein, this Agreement may not be amended, modified, or supplemented by the parties in any manner, except by an instrument in writing signed by an authorized officer of BMG. No provision hereof shall be deemed waived (by any act or omission or otherwise) unless such waiver is in writing signed by an authorized officer of. This Agreement will bind and inure to the benefit of each party's successors and assigns, provided that you may not assign or transfer this Agreement, in whole or in part, without the prior written consent of an authorized officer of BMG.

6.4.This Agreement constitutes the entire agreement between you and BMG, and supersedes any and all prior and/or contemporaneous written or oral agreements and understandings relating to the subject matter hereof. If you do not agree to any of these terms and conditions you must select the I DISAGREE button on your screen and not download the digital keys or use the Digital Content.

 

[Ob3ron]

There are many things you could try in order to get it to rip properly. Try this link for some ideas. Very informative read!

 

[Mr.PD]

I sent a couple questions to the company that messed up the CD.
Here is one which they so thoughtfully copied into their automated reply,
Quote:

While your digital rights management may be fine for some portable devices, and for those that prefer the less than optimal sound quality of Windows Media Files, I am having a hard time making it work for me. I use a portable MP3 CD player. I load a bunch of songs into Musicmatch as MP3 files and burn them to a CD as MP3 files to play in my player. I cannot mix MP3 and WMA files on the same disc. I sure as heck don't plan on making all my MP3 files into WMA. Quite frankly, if I had been able to read the fine print on the back of the CD jewel case label (I didn't have a magnifying glass with me at the store), I would never have purchased this CD. It is almost worthless to me. Unless you can tell me how to make an MP3 file from these WMA files. The tech on duty will write back with your answer, shortly. Sincerely, Your Friends at SunnComm Technologies, Inc. (Play it LOUD, Play it LEGAL)

 

[zombietycho]

Try something crazy like burning the CD from Pro-deck to Pro-deck. That should burn the audio content only, then leave you with a CDR that you SHOULD be able to copy without a big hassle.

Maybe check out your local pro-audio superstore and maybe ask them for a "Demo" of their top-of-the-line Pro CD burner.

 

[nogrot]

Return that CD! This will be the clearest way to show the label that this sort of thing should not be happening to customers!

I have done this before, with CD's that I didn't even want. Buying the CD and then returning it is just doing my part as an unhappy consumer. Do the same, after using the "Shift key trick" and burning a copy for yourself.

 

[pank2002]

MusicMatch is exacly the best ripper/burner either. Try to use EAC. Just follow this guide. Try another dvd/cd rom drive. Sometimes ripping depends on the drive used... well most of the time it does.

I *hate* cd protection. it's wortless! Why, do we, who pay for the music, have to be limited in our use of the cd? I like small indielabels as they usually don't protect their cds. Hell, most of them even put mp3 on the net.

 

[Mr.PD]

EAC didn't work either.
It's kind of tough to do any thing when the CD ejects if you don't agree to the license agreement.

 

[acs236]

Quote:

Originally Posted by Mr.PD EAC didn't work either. It's kind of tough to do any thing when the CD ejects if you don't agree to the license agreement.

Do you have auto insert notification off on your cd drive?

 

[halcyon]

If you put the cd into drive without disabling both autoplay and autoinsert notification, it probably already installed a system service on your system.

Try this:

http://weblogs.asp.net/christoc/arch...08/151147.aspx

And after you've ripped it, take it back and say how disappointed you are in the store for selling copy protected discs and punishing paying customers.

 

[Mr.PD]

Quote:

Originally Posted by halcyon If you put the cd into drive without disabling both autoplay and autoinsert notification, it probably already installed a system service on your system. Try this: http://weblogs.asp.net/christoc/arch...08/151147.aspx And after you've ripped it, take it back and say how disappointed you are in the store for selling copy protected discs and punishing paying customers.

No, I don't have autoplay or autoinsert notification turned off.
I went to that weblog and followed those directions. They work!
I gotta go and make some WAV files and a new CD.

[size=medium]THANKS[/size]

 

[Mr.PD]

Quote:

Originally Posted by halcyon If you put the cd into drive without disabling both autoplay and autoinsert notification, it probably already installed a system service on your system.

They should not be able to install their junk in my computer unless I agree to their stupid agreement.
I used the advice given in my XP machine, I did let their junk install on it previously. My old Win98 machine better not have any of that junk in it, I never agreed to the license in that machine. That was where I tried to use EAC and it failed. Musicmatch just kept giving me illegal function warnings and closing out. Right now I am listening to my new copy of this CD on the home system. It sounds good, so I will use it in my 98 computer, then delete all this stuff from my XP computer.
I sent Sunncomm a question asking what the disc installed into my computer so I could delete those items. I'm waiting for a reply.
Can I delete that sbchid driver thingy with out messing up anything but the ability to play the protected disc?

 

[minya]

Mr. PD,

I agree with the rest of the replies: return the CD. There's no better way to vote than with your wallet.

- Chris

 

[Mr.PD]

I understand that I should return the CD. I bought it at my local music shop which is a very small outfit. I wouldn't feel right raising a big stink with that guy. And there are some disclaimers on the label that the disc may not be compatable with all players.
On another note, I got a reply to my question of removing the installed "keys" that the disc placed in my computer,
Quote:

Please note that MediaMax was designed to manage and safeguard the copyrights of specified artists CDs while giving you an enhanced visual and listening experience. It does not interfere with or impact any of the normal operations and/or functions of your computer. Because the keys are very essential in controlling access to protected music, Windows Media doesn’t allow anyone to have access to them directly. They’re hidden in a secret database on the system that only Microsoft knows how to get to. Since those keys are very small and literally do nothing other than help the user play content that would otherwise be inaccessible, Microsoft never envisioned that anyone would ever have a desire to remove them. As a result, we do not have a way to tell the Windows Media Player to remove a particular key. We thank you for your support of your favorite artist’s rights.

What would be the enhanced visual and listening experience? Would it be the 128kbs WMA files?

 

[zombietycho]

Quote:

What would be the enhanced visual and listening experience? Would it be the 128kbs WMA files

Reading legal disclaimers is fun!

While I don't think downloading is the evil that record companies think it is. If you know a person who has albums and albums of downloaded CDs. Tell s/he that s/he is a *******. Especially if they sell the CDs

It is their fault we've got this mess on our hands.

Unless they pirate Major labels and purchase indie label stuff

 

[gloco]

Well, i tossed in my copy and eac worked immediately, glad to hear you were able to get it to rip as well.