It’s been a long time since we’ve last heard about Eldridge vs. Electronic Arts, the case in which gamers filed a lawsuit on EA due to the fact they did not disclose they used SecuROM in the game nor provided a proper way to remove all of the files. Things are looking up though, as word has just got out that EA has agreed to settle the SecuROM Class Action Lawsuit with a hearing on March 12, 2010.
Here is the email from Girard Gibbs LLP (provided by Reclaim your Game)
Thank you for taking the time to contact our law firm about the litigation involving Electronic Arts computer games. This email is to notify you of a settlement reached between the plaintiffs and Electronic Arts.
The Case Against Electronic Arts
Girard Gibbs LLP and several other law firms filed lawsuits against Electronic Arts (EA) after the plaintiffs learned that when they installed certain computer games distributed by EA, a copy-protection program called SecuROM was installed on their computers without their consent. Among other things, the plaintiffs claimed that EA’s use of SecuROM was a trespass to chattels.
Recently, the parties agreed to a settlement which has been preliminarily approved by the court. You can view a copy of the settlement agreement, notice of settlement, complaint, and the court’s preliminary approval of settlement order at www.easettlement.com. The website also contains answers to frequently asked questions.
The settlement is a major step to ensuring that future purchasers and downloaders of EA computer games will not have SecuROM installed on their computers unwittingly. The settlement requires EA to prominently inform consumers if SecuROM is included with one of its games by placing prominent disclosures on its retail packaging, on its online store, and in its end-user license agreements.
In addition, the settlement will streamline support to those who currently wish to remove SecuROM from their computers. Under the agreement, EA’s disclosures will direct consumers to SecuROM’s website (http://securom.com) where support for uninstalling SecuROM and for other information on the program are readily available.
Finally, the settlement preserves your rights to seek compensation from EA if you believe the installation of SecuROM onto your computer caused you damages. The settlement agreement specifically preserves claims for breach of the end-user license agreement, breach of express warranty, and trespass to chattels or property. It also expands your rights of forum selection, so you can bring suit in a court in any state (previously, such actions would have had to be brought in California ). If you believe you may have been damaged by SecuROM, we recommend you act promptly to determine whether and how to pursue your claim, including by seeking legal representation or filing a small claims action on your own behalf.
If after viewing the EA Settlement website you have any questions about the case, please feel free to reply to this email.
Girard Gibbs LLP
601 California Street, Suite 1400
San Francisco , CA 94108
Phone: (415) 981-4800
Fax: (415) 981-4846