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Texas Sues Sony Over Alleged CD Spyware
KWTX ^ | November 21, 2005 | DWTX News

Posted on 11/21/2005 9:38:17 AM PST by TommyDale

exas is suing Sony BMG Music Entertainment, alleging the company illegally installed spyware on millions of music CDs that Attorney General Greg Abbott says can make computers “vulnerable to computer viruses and other forms of attack.”

Abbott said the spyware installs files onto the computers on which the CDs are played.

"Sony has engaged in a technological version of cloak and dagger deceit against consumers by hiding secret files on their computers," Abbott said.

"Consumers who purchased a Sony CD thought they were buying music. Instead, they received spyware that can damage a computer, subject it to viruses and expose the consumer to possible identity crime,” he said.

The lawsuit alleges the company violated a new Texas law protecting consumers from hidden spyware.

Click Here To Read The Lawsuit

Sony says on its Web site that it has recalled all the affected CDs, but Abbott said investigators were able to buy a number of titles at retail stores in Austin as recently as Sunday evening.

Click Here For Sony BMG Web Site

Abbott says the CDs contain embedded copy protection files or XCP technology, which prompts consumers to enter into a user agreement to install a Sony audio player.

Consumers who agree to the terms, however, aren’t aware that files are secretly installed, Abbott said.

Sony says it has instituted an exchange program for consumers who purchased the affected CDs and says the issue involving the CDs arises only when the discs are played on computers.

“We share the concerns of consumers regarding these discs, and we are instituting a mail-in program that will allow consumers to exchange any CD with XCP software for the same CD without copy protection and receive MP3 files of the same title,” the company said.

“We also have asked our retail partners to remove all unsold CDs with XCP software from their store shelves and inventory.”

Click Here For Exchange Program Details

Click Here For Software Update From Sony

The Attorney General, meanwhile, has posted a complaint form online for consumers who have purchased the CDs.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Front Page News; Miscellaneous; News/Current Events; Technical
KEYWORDS: drm; phonysonybalony; rootkit; sony; sonybmg
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Everybody climb on board for the roller coaster ride with Sony/BMG!
1 posted on 11/21/2005 9:38:19 AM PST by TommyDale
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To: TommyDale

And in Texas, remember, it's death penalty!


2 posted on 11/21/2005 9:39:00 AM PST by Revolting cat! ("In the end, nothing explains anything.")
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To: TommyDale

Yeeee Hawwww!

Burn Sony! Burn!


3 posted on 11/21/2005 9:40:57 AM PST by PetroniusMaximus
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To: TommyDale

If they apply the logic of software making computers vulnerable to viruses, Microsoft and many others will be susceptible to lawsuits. IMO.


4 posted on 11/21/2005 9:41:19 AM PST by knittnmom (...surrounded by reality)
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To: ShadowAce

ping


5 posted on 11/21/2005 9:41:52 AM PST by JoJo Gunn (Help control the Leftist population. Have them spayed or neutered. ©)
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To: TommyDale

Don't Mess with Texas!


6 posted on 11/21/2005 9:41:55 AM PST by dfwgator
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To: rdb3; chance33_98; Calvinist_Dark_Lord; Bush2000; PenguinWry; GodGunsandGuts; CyberCowboy777; ...

7 posted on 11/21/2005 9:42:48 AM PST by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: 80 Square Miles
If they apply the logic of software making computers vulnerable to viruses, Microsoft and many others will be susceptible to lawsuits. IMO.

Only if they install "hidden spyware," as that term is likely to be defined in the Texas statute, on computers.
8 posted on 11/21/2005 9:45:23 AM PST by BikerNYC (Modernman should not have been banned.)
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To: TommyDale
People who deliberately infect peoples computers with spyware should be dragged outside and publicly horsewhipped.

Check that, I say make it a hanging offense.

L

9 posted on 11/21/2005 9:45:44 AM PST by Lurker (Tagline under construction. Watch for falling quips.)
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To: TommyDale
subject it to viruses

The sony spyware doesn't do that. The deinstallation program might to some extent. But other than the file cloaking, the functions of the program (spying, etc) are similar to many other media programs.

10 posted on 11/21/2005 9:47:38 AM PST by palmer (Money problems do not come from a lack of money, but from living an excessive, unrealistic lifestyle)
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To: TommyDale

Good.


11 posted on 11/21/2005 9:48:09 AM PST by mysterio
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To: TommyDale

Sony's also into online gaming--


12 posted on 11/21/2005 9:52:17 AM PST by Mamzelle (.)
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To: 80 Square Miles

I will be the first to point out that software makers have a responsability to make a reasonabally secure and well engineered product but its not a legal responsability. The reason Sony is in trouble is not because their sftware was insecure its because the whole purpose was to root your system...


13 posted on 11/21/2005 9:53:46 AM PST by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: TommyDale

AP
July 27, 2005

ALBANY, New York - Recording industry titan Sony BMG Music Entertainment agreed Monday to pay $10 million and stop bribing radio stations to feature its artists in what a state official called a more sophisticated generation of the payola scandals of decades ago.

Sony. More balony.


14 posted on 11/21/2005 10:00:13 AM PST by polymuser (I wish the Republicans had a majority in Congress.)
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To: 80 Square Miles
If they apply the logic of software making computers vulnerable to viruses, Microsoft and many others will be susceptible to lawsuits. IMO.

There's a difference between doing a poor job of security (Microsoft) and deliberately subverting security in order to hide malware (Sony).

15 posted on 11/21/2005 10:01:46 AM PST by steve-b (A desire not to butt into other people's business is eighty percent of all human wisdom)
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To: palmer
The sony spyware doesn't do that. The deinstallation program might to some extent. But other than the file cloaking, the functions of the program (spying, etc) are similar to many other media programs.

Other than that, Mrs. Lincoln, how was the play?

Sony's cloaking function created a safe haven for any type of virus, trojan, etc to hide from security software.

16 posted on 11/21/2005 10:04:23 AM PST by steve-b (A desire not to butt into other people's business is eighty percent of all human wisdom)
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To: ShadowAce

Even the cartoon Fox Trot is talking about Sony's stupid move!

Good Hunting... from Varmint Al

17 posted on 11/21/2005 10:08:06 AM PST by Varmint Al
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To: TommyDale
Yesss! < pumps fist in air >

Elliot Spitzer voted for indictment before he voted against it, er, I mean, he's too busy negotaiting with companies to restrict the rights of the individual to take time to prosecute companies that work against customers on their own initiative.

Texas rocks; New York sucks rocks.

18 posted on 11/21/2005 10:17:38 AM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: steve-b

"Sony's cloaking function created a safe haven for any type of virus, trojan, etc to hide from security software."

Why does soney think they can download files on our computers without our permission, which allow others to host more files on our computer e.g file shareing with hackers, but we are not allowed to download files on our computer without their permission and share them with honest people? What a bunch of hypocrites!

They need to be sued using the same laws that they have been using on grandmothers and teenagers whom have also have unknowingly downloaded files and and unknowingly shared them.


19 posted on 11/21/2005 10:17:51 AM PST by seastay
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To: 80 Square Miles

As they should be.


20 posted on 11/21/2005 10:22:08 AM PST by thoughtomator (Hindsight is 20/20, or in the case of Democrats, totally blind)
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