Sony halts production of 'rootkit' CDs

Cnet ^ | 11/11/2005 | Joris Evers

[One-Four-Five]

Well, then there's the terms of the EULA, which of course state that you are in violation of the law if you alter or remove that software, nevermind that it itself alters Windows in violation of Microsoft's...oh, never mind. This is a cluster-you-know-what in so many ways that it's staggeringly unbelievable that a major corporation would let this out. As I've said elsewhere in the many threads on this topic, this has way more to do with Sony vs. Apple than it does with thwarting people who want to make illegal copies. Putting this crap on jazz CDs recorded decades ago? I mean, come on. Yeah, that Gerry Mulligan CD & the Dexter Gordon session, they were both going to suffer poor sales due to all the illegal copies & file-sharing.

Protecting intellectual property is very important. This has set it back in a huge way. It's flat-out disgusting, the level of irresponsibility. But it does rise to the level of criminal offense, from what I can see.

Here's another one, though slightly less irrational...I hate to single these people out, as they may not be as familiar with this as others, but it's amazing that anyone would side with Sony in any way on this. Especially since it's extremely unlikely that the copy protection has as much to do with illegal copies & file-sharing as it does with the ongoing war with Apple.

http://www.freerepublic.com/focus/f-news/1520354/posts#3

http://www.freerepublic.com/focus/f-news/1520354/posts#24

[RayChuang88]

Actually, I think Sony might be forced to seriously back down and replace all the Compact Discs with that rootkit code within the next few months. If one Eliot Spitzer (Attorney General-NY) gets involved you KNOW the jig is up for Sony.

[CurlyDave]

I think Sony might be forced to seriously back down and replace all the Compact Discs with that rootkit code within the next few months.

I think it is a bit worse than that for Sony. From this website http://www.mac360.com/index.php/mac360/comments/sony_sued_boycotted_over_copy_protected_music_cds/

"The suit alleges that Sony’s software violates at least three California statutes, including the “Consumer Legal Remedies Act,” which governs unfair and/or deceptive trade acts; and the “Consumer Protection against Computer Spyware Act,” which prohibits—among other things—software that takes control over the user’s computer or misrepresents the user’s ability or right to uninstall the program.”

“The suit also alleges that Sony’s actions violate the California Unfair Competition law, which allows public prosecutors and private citizens to file lawsuits to protect businesses and consumers from unfair business practices.”

If Sony is found to have violated CA statutes, their liability could be enormous. I know I would want them to either replace my computer, or at the very least re-load my OS, my data and all applications on the machine, with zero down-time for me. I.e., they make an in-home service call to do it. From other sources, it appears that Sony has posted a "patch" which supposedly removes the malicious software, but which is innefective and in reality makes things worse.

All that really has to happen is for them to be found guilty of any violation and then the civil suits will begin.

[metmom]

"Heh-heh. Yep. Now even BUYING puts you at risk. Good move, Sony!"

Like I'll ever trust them enough to buy something from them again. But how do I know anything else is safe? Maybe it's just a matter of them being the first ones to be caught. Is anyone looking for this stuff on anything else or from other companies?

[LibKill]

May Jabba the Lawyer descend upon Sony and feast eternally upon Sony's entrails!

[zeugma]

BUMP

DRM is evil.

[dickmc]

UPDATE: Apparently the Department Of Homeland Security also weighed in on Sony's Rootkit DRM scheme, albeit indirectly. DHS Assistant Secretary for Policy, Stewart Baker, speaking at an event about combating intellectual property theft, said:

"There's been a lot of publicity recently about tactics used in pursuing protection for music and DVD CDs in which questions have been raised about whether the protection measures install hidden files on peoples' computers that even the system administrators can’t find...It's very important to remember that it's your intellectual property -- it's not your computer. And in the pursuit of protection of intellectual property, it's important not to defeat or undermine the security measures that people need to adopt in these days. "

[zeugma]

It's very important to remember that it's your intellectual property -- it's not your computer.

Common sense from a FedGov employee? What the heck is this world coming to?!

[dickmc]

US Senator Orrin Hatch has an interesting idea for those who illegally download music: download once or twice, you get a warning. If you download again, your computer gets destroyed.

That's the suggestion made by the chairman of the Senate Judiciary Committee (news - web sites) at a Tuesday hearing on copyright abuse, reflecting a growing frustration in Congress over failure of the technology and entertainment industries to protect copyrights in a digital age.

The surprise statement by Sen. Orrin Hatch, R-Utah, that he favors developing technology to remotely destroy computers used for illegal downloads represents a dramatic escalation in the increasingly contentious rhetoric over pirated music.

Interestingly enough, the Senator is also a composer who earned $18,000 in royalties:

The senator, a composer who earned $18,000 last year in song-writing royalties, acknowledged Congress would have to enact an exemption for copyright owners from liability for damaging computers. He endorsed technology that would twice warn a computer user about illegal online behavior, "then destroy their computer."

"If we can find some way to do this without destroying their machines, we'd be interested in hearing about that," Hatch said. "If that's the only way, then I'm all for destroying their machines. If you have a few hundred thousand of those, I think people would realize" the seriousness of their actions.

Source: http://anandtech.com/news/shownews.aspx?i=19802


That said I think we should send Orrin a nice Sony CD for each of his personal and office computers ...and... then some nice trojans and viruses to go with the CDs!!!!!!!!!!!

[dajeeps]

Just wait until the Feds get a hold of them.
UNITED STATES CODE ANNOTATED
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 47--FRAUD AND FALSE STATEMENTS
§ 1030. Fraud and related activity in connection with computers
Whoever--
(3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States;

(5)(A)(i) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
(ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or

(iii) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; and

(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)--

(i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;
(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;

(iii) physical injury to any person;

(iv) a threat to public health or safety; or

(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;

There's one other one I haven't found yet... but I'm sure this one could easily apply to Sony's cloaking software.

[dickmc]

Sent to Orrin Hatch...................................................


Hey Orrin:

Your buddies over at Sony have now implemented a DRM because of your act that has screwed up hundreds, if not thousands, of computers. You did read the Washington Post today, didn't you??

Already a major lawsuit underway in California with possible criminal penalties. Even Homeland Security involved with a statement today.

Want to learn more:

Product withdrawal announcement:
http://news.ft.com/cms/s/018223e4-52f0-11da-8d05-0000779e2340.html

Technical details and issues:
http://www.sysinternals.com/blog/2005/10/sony-rootkits-and-digital-rights.html
http://www.sysinternals.com/blog/2005/11/more-on-sony-dangerous-decloaking.html
http://www.sysinternals.com/blog/2005/11/sony-you-dont-reeeeaaaally-want-to_09.html

Get you hands out of Sony's and Hollywood's pockets and back in your own.

Better yet why not make an early Christmas: Give a nice Sony CD to all of your friends and each of your office workers with a computer. I'm sure they'll like all the viruses and trojans. Perhaps they'll also enjoy reinstalling their operating system and software, not to mention loosing all their files from the Sony DRM net vulnerability.

Hope you have a better day than the computer users in Utah.

[zeugma]

I remember when Hatch made those idiotic comments. Hatch is a wholly owned subsidiary of RIAA and MPAA. He's also an idiot who believes copyright should be eternal. In his tiny little mind, the decendents of Shakespeare are being somehow ripped off when a copy of Romeo and Juliet is downloaded from Project Gutenberg.

[steve-b]

To add to Sony's problems, it turned out that they built their rootkit using stolen software....