Small Claims For Damages Due to Sony BMG's DRM Software

Under the Sony BMG settlement, people who believe that they suffered hardware damage to their computers due to Sony BMG's use of XCP and/or MediaMax software may still bring claims against Sony BMG. If you believe this has happened to you, and the damages you have suffered are relatively small (in most states less than $7,500), you can bring a claim against Sony BMG in your local small claims court to seek compensation.

This page is designed to give you some basic information about how small claims courts work and help you find local resources to get more information specific to your state. This information can be helpful to anyone with a small claim, not just individuals with claims arising from Sony BMG's DRM software. No matter what kind of claim you plan to bring, however, the most important thing to do is to check the rules in your own local court and follow them.

The Basics

Small claims court is a special court where disputes involving relatively small amounts of money are resolved quickly and inexpensively. The rules are usually simple and informal, and the parties usually represent themselves rather than having attorneys speak for them. (Parties may consult with attorneys before and after going to court).

To bring a small claim, you must first file a claim form (sometimes called a complaint), explaining who harmed you, how, and what kind of compensation you seek. Forms are available through many court websites (see below for links). Before you fill out the form, check the local court rules to make sure that you are suing in the right court — usually, the court located in the city or county where the person you are suing lives, works or does business, or where the acts leading to the claim occurred. You should then bring the claim form, along with copies (1 for each person involved in the case [including you] and at least 2 extra) to the clerk of the court in your county. The clerk will fill in a date for a court hearing on your claim form. You must then arrange to serve (deliver) a copy of the claim on every party (with the hearing date filled in), well before the hearing date. In some states, the clerk will do this for you. In other states, you must arrange it yourself. Ask the clerk or check the court's website to find out the deadlines and requirements for serving the claim. You will probably need to provide the court with proof that the claim has been served properly.

Some states will require the parties to meet with a mediator to try to settle the case before the hearing. In addition, the person you are suing may contact you to try to settle the matter before the hearing.

At the hearing (assuming the case is not resolved beforehand), you and the person you are suing will each have a chance to tell your side of the story to the court. You should explain what happened, why it was the fault of the person you are suing, and why it was not your fault. Keep your statement short and to the point, and be ready to answer questions from the judge about the details. If your court permits it, you may want to attend another small claims hearing first to see how the process works.

You should bring as much evidence of what occurred as you can. For example, you might want to bring:

Witnesses who saw what happened or who are experts on the subject (e.g., a relative or friend who saw that your computer was not working correctly, or a computer specialist who examined your computer), and
Documents that show what happened, such as:

Letters or emails you wrote to or received from the person you are suing. For example, did you write an email to customer service describing the problem? Did you receive any response? If you contacted customer service by phone, did you take notes of the conversation? This evidence may help the court verify that the problem actually occurred, when it occurred, and whether the person you are suing did anything to try to fix the problem.
Photographs or other images that show the damage you suffered, such as screen shots or print outs of internal logging reports from your computer as would be helpful to show what happened.
Receipts or cancelled checks that will show how much you spent to fix the problem and/or the value of the hardware that was damaged.
If you believe the problem was caused by a product or service, receipts, cancelled checks or some other proof that you purchased the product or service.

Some states require that you attach this documentation to your claim form or complaint — be sure to check this before you file.

If you need papers that someone else has, you may be able to obtain them via a subpoena. You may also be able to use a subpoena to require a reluctant witness to testify. Ask the court clerk and check your local court's website for more information and the forms you will need.

At the end of the hearing, or shortly thereafter, the court will usually issue a judgment, stating who wins and how much they should receive. In some states, such as California, the loser has 30 days to appeal, which means the case must be presented again to a higher court. If you win, and there is no appeal or your state does not permit appeals, you may then collect the judgment. You must do this yourself — the court won't do it for you.

Important Note: Again, this page is intended to provide a general overview of small claims procedures, but the rules can vary in significant ways from state to state. Be sure that you are thoroughly familiar with the rules for your state BEFORE you file your claim.

Useful Links

Note: EFF is not affiliated with and does not endorse the sites linked here.

Additional information (focusing on claims against Sony BMG), along with links to more information on state requirements, is available here. State court websites and legal aid organizations also offer a wealth of detailed information on small claims procedures. Here are links to useful sites for many states:

California:
http://www.courtinfo.ca.gov/selfhelp/smallclaims/

Colorado:
http://www.courts.state.co.us/chs/court/forms/smallclaims/smallclaims.html

Connecticut:
http://www.jud.state.ct.us/faq/smallclaims.html

District of Columbia:
http://www.dccourts.gov/dccourts/superior/civil/small_claims_faq.jsp

Hawai'i:
http://www.courts.state.hi.us/page_server/SelfHelp/SmallClaims/695F88B9A961B33EAB295F3B7.html

Maine:
http://www.courts.state.me.us/mainecourts/smallclaims/

Michigan:
http://www.courts.michigan.gov/scao/resources/publications/pamphlets/TP2.pdf

Missouri:
http://www.mobar.org/pamphlet/smllclam.htm

Nebraska:
http://court.nol.org/publications/smallclaims.htm

Nevada:
http://www.co.clark.nv.us/justicecourt_lv/smallclaim.htm

New Jersey:
http://www.judiciary.state.nj.us/civil/civ-02.htm

New York:
http://www.tenant.net/Court/Howcourt/sclaim.html