Electronic Frontier Foundation ACTION ALERT

EFF ALERT: You Buy It, You Own It!
Support Philips in Defending Your Right to Untainted CDs

(Issued: Wednesday, February 6, 2002 / Expires: Thursday, February 28, 2002)

Introduction:

As many EFF members know from firsthand experience, several record companies are beginning to ship music disks that are dysfunctional. Consumers are buying CDs in a record store or online, paying full price for what they believe is a normal CD, only to return home to discover that the CD won't play on their computers, in their cars and even on certain other CD components. Because corrupt CDs may bear the 'CD' trademark and are sold alongside ordinary CDs, consumers are being fooled into purchasing inferior products.

In mid-January, Philips, the Dutch consumer electronics manufacturer that co-created the CD format and now owns the trademark in the term "CD," came out in favor of consumers in response to this growing problem. Philips started warning record labels about the "troublesome and cumbersome" nature of these disks, noting that dysfunctional disks should not rightfully be called "CDs," and indicated the disks might not wear as well as real CDs.

Philips has taken a courageous stand against dysfunctional CDs and will likely face strong opposition from the powerful companies who are marketing these disks. The entertainment industry has already shown its strong support of similar proposals, such as the Secure Digital Music Initiative (SDMI) and the Security Systems Standards and Certification Act (SSSCA), which would make it "unlawful to manufacture, import, offer to the public, provide or otherwise traffic in any interactive digital device that does not include and utilize certified security technologies...."

Already, Philips has refused to comment further on the dispute.

What YOU Can Do Now:

Let Philips know that you appreciate their decision to stand with their customers and protect their rights. Urge them to continue protecting the good name of the CD label and, at a minimum, to require that:

  1. dysfunctional CDs not be labelled as CDs;
  2. dysfunctional CDs be segregated from real CDs in record stores and online stores, so that consumers won't be confused;
  3. consumer electronics manufacturers be free to develop devices that play untainted CDs and work around defects of dysfunctional CDs.

This battle is just beginning and your rights are at stake. We need to reward the manufacturers and technologies that stand up to protect consumers' rights, even as we decry those who are working hard to take our rights away.

Join EFF! For membership information see: http://www.eff.org/support/
 

Sample Letter (Snail Mail, Email, or Phone Script):

Dear Philips Representatives,

Thank you for standing up for my rights as a consumer.

I am concerned that some record labels are releasing music disks that do not play on all CD players and that do not allow me to exercise my fair use rights. I am even more concerned that they are confusing and misleading consumers by labelling these disks as "CDs." Please stand firm in your resolve to ensure that we, your customers, retain the consistently high quality CD experience that Philips pioneered.

We urge you to:

  1. make sure that dysfunctional disks are not labelled as "CDs" in our record stores offline and online and that any labelling clearly identifies their use limitations (i.e. only plays on Windows computers; will not play in most car stereos, etc.);
  2. require that dysfunctional disks be plainly segregated from real CDs, so that consumers are not confused or misled;
  3. continue to make and sell consumer electronics equipment that plays and records all CDs and that allows consumers to exercise our rights under copyright law, both in the US and around the world.

I would be most grateful if you would convey my thoughts on this important issue to these and any other appropriate Philips employees:

Gerard Kleisterlee, President and CEO
Caroline Kamerbeek, Intellectual Property Media Contact
Koenraad van Hasselt, Consumer Electronics Media

Thank you again for standing with your customers on this vital issue. I understand that you may receive pressure from the entertainment industry to endorse these dysfunctional locked-down products, and I will remember Philips' position when I next shop for consumer electronics equipment.

Sincerely,
[your signature]
[your full name]
[your full address; include this for maximum effect]
 

Contact (all listed if possible):

Philips Consumer Electronics Products Feedback form (choose Home Audio as Philips product/division):
   http://www.feedback.philips.com/cgi-bin/fb?s=ceaudio

(Worldwide Headquarters in the Netherlands)
Philips Consumer Electronics
Attn: Koenraad van Hasselt
Tel: +31 20 5977912
Fax: +31 20 5977910
Email: ce.communication@philips.com

(North American Consumer Electronics Division)
Philips Consumer Electronics Company
Office of the President
Attn: Lawrence Blanford
One Philips Drive
P.O. Box 14810
Knoxville TN 37914-1010 USA

Tips:

Please remember to be polite but firm. Ranting, swearing, or lack of clear focus and resolve will not make a good impression. Try to make it brief (1-3 paragraphs written, or a few sentences spoken) and clear, without getting into nitpicky details. Re-casting the letter in your own words will be more effective than copy-pasting our sample.

Activists Around the World
The alert is for activists in any country.

Links:

Press reports:
   http://news.com.com/2100-1023-817937.html
   http://www.theregister.co.uk/content/4/23736.html
   http://www.wired.com/news/politics/0,1283,50101,00.html

HTML version of this alert:
   http://www.eff.org/alerts/20020206_eff_philips_alert.html

CAFE Campaign:

This drive to contact Philips about their position on copy-protected so-called CSs is part of a larger campaign to highlight intellectual property industry assaults against the public's fair use rights, and what you can do about it.

Check the EFF Campaign for Audivisual Free Expression (CAFE) website regularly for additional alerts and news:
   http://www.eff.org/cafe/

About EFF:

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to Web sites in the world:
   http://www.eff.org

Contacts:

Will Doherty, EFF Online Activist / Media Relations
   wild@eff.org
   +1 415 436 9333 x111

Fred von Lohmann, EFF Senior Intellectual Property Attorney
   fred@eff.org
   +1 415-436-9333 x123

Robin Gross, EFF Intellectual Property Attorney
   robin@eff.org
   +1 415-436-9333 x112

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