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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

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To: TommyDale
This happened to me with a Billy Joel book I bought, Goodnight, My Angel, that had a CD with it.

I almost NEVER got it off.

41 posted on 11/21/2005 11:26:27 AM PST by Howlin ("Victory is not an exit strategy." ``John Murtha 11/18/05)
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To: MrEdd

Deinstall is flaky at best on windows because most programs muck with the registry and leave some trash behind. At the very least this slows down system shutdown. There are still programs mucking with other system files although XP has fixed the DLL hell problem for the most part. The 2% of CPU is not typical for most programs, but any program that monitors anything will suck up some CPU.


42 posted on 11/21/2005 11:28:01 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: seastay
Why does soney think they can download files on our computers without our permission

Depends on Who has the right to control your PC.

Just remember - many movie and music companies are not happy that you can burn CDs and send files over the internet, regardless of what you were going to burn or send - they would rather you not have the ability at all, end of story. In Canada they had resorted to getting a tax in place on recordable media and players, or levy as they call them, to "protect" the music/movie industry, and they'd like nothing better than to do that here.

Unfortunately it's not just Sony - they just happened to be caught.

This is a fight that has been going on since audio cassette recorders and VCRs first came out (many people aren't old enough to remember, but the movie industry fought VCRs because they felt that VCRs and the ability to record content off of TV would kill off movies and TV shows).
43 posted on 11/21/2005 11:35:12 AM PST by af_vet_rr
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To: TommyDale

Yay, let's all buy Sony products! Sony DVD players! Sony stereos! Sony MP3 players! Sony Playstation 3! Yayyyyy!!! /SARCASM


44 posted on 11/21/2005 11:58:04 AM PST by Bush2000 (Linux -- You Get What You Pay For ... (tm)
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Comment #45 Removed by Moderator

To: TonyRo76
Too bad their fears weren't justified ;)

Not only were they not justified, they found out that you can make a boatload of money off of crappy TV series from the 60s and 70s if you reissue them as DVDs - somewhere out there somebody likes all of those series and will cough up the bucks to buy them.

Everytime there has been a major new technology that's impact the movie/music industry, both have usually benefitted immensely. The industry always boo-hooed at first, but eventually found a way to make even more money.
46 posted on 11/21/2005 12:05:45 PM PST by af_vet_rr
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To: Revolting cat!

The death penalty may be too harsh. I would settle for 20 years breaking rocks, with no possibility of parole, for the Sony music execs. A good desert climate would suffice for the rock breaking exercise.

I really want to see them so hard hit by this that they will not only want to sell their music biz, but will be willing to pay someone to take it off their hands.


47 posted on 11/21/2005 12:16:31 PM PST by chickenlips
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To: Bush2000

This puts some of us who are security nuts off Sony quite permanently.


48 posted on 11/21/2005 12:37:18 PM PST by Spirited
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To: palmer
Other than that detail, it's a great safe haven.

Any antivirus program that runs on a system that has this rootkit installed will be totally blind to any virus with filename prefixed with '%sys%' - that is very much a safe harbor.

49 posted on 11/21/2005 12:59:27 PM PST by JeffAtlanta
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To: FrogBurger

ping


50 posted on 11/21/2005 1:03:33 PM PST by conservatrice
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To: TommyDale
 
Official News Release At Attorney General Greg Abbott's site
http://www.oag.state.tx.us/oagNews/release.php?id=1266
Have a complaint on Sony? A Consumer Complaint form is also available on this page....
 
 
News Conference Video - (streaming)
mms://helix.oag.state.tx.us/streams/112105sonybmg_newser.wmv - High Res 74 megs
 
mms://helix.oag.state.tx.us/streams/112105sonybmg.wmv - Lower Res 56 megs
 
 
State of Texas vs Sony BMG
http://www.oag.state.tx.us/newspubs/releases/2005/112105sony_cds.pdf
http://www.oag.state.tx.us/newspubs/releases/2005/112105sony_disclosure.pdf
 
 
 

51 posted on 11/21/2005 1:04:50 PM PST by lapsus calami (What's that stink? Code Pink ! !)
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To: TommyDale

It's one of many ruses to get lowly "consumers" accustomed to the idea that it's alright for corporates to do what the children of "consumers" go to prisons for.

Wake up, folks. Our country is mobbed up from municipals to state governments and has been for a long time.


52 posted on 11/21/2005 1:13:39 PM PST by familyop ("Let us try" sounds better, don't you think? "Essayons" is so...Latin.)
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To: JeffAtlanta

Antivirus programs normally check files before they are executed. In the case of the one virus I have heard of using this rootkit, the user had to click on an email attachment. The AV would kick in and stop the virus program from executing. At that point there is no file on disk to be hidden so the rootkit is irrelevant. A later scan of the disk would not show the file, but the real problem comes with executing the file, once it is on disk it's basically too late.


53 posted on 11/21/2005 1:18:54 PM 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
"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."

The "spyware" does worse than that.

Worthless "consumers," contact your Sony "officials" today for your "authorized" product! In the meantime, state government lawyers will make public statements to whitewash your bosses' cracking exploits.
54 posted on 11/21/2005 1:23:17 PM PST by familyop ("Let us try" sounds better, don't you think? "Essayons" is so...Latin.)
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To: palmer
Deinstall being flaky and leaving something behind is very different from a long, protracted process required to get an install that might not technically uninstall everything. Especially when you have to register to get the uninstall for the software you (probably) never really wanted on your system in the first place.

Soaking up processor time is another thing that might not be such a big deal if it was out in the open. When random processes that are hidden from the end-users start eating up processor time and memory, that starts heading down the road of definite mal-ware.
55 posted on 11/21/2005 1:29:55 PM PST by faloi
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To: Gorzaloon

*ping*


56 posted on 11/21/2005 2:06:09 PM PST by Beaker
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To: polymuser

I've never actually heard an explanation as to why payola is/should be illegal.


57 posted on 11/21/2005 2:16:51 PM PST by Rodney King (No, we can't all just get along.)
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To: af_vet_rr

>Just remember - many movie and music companies are not happy that you can burn CDs and send files over the internet, regardless of what you were going to burn or send - they would rather you not have the ability at all, end of story

I still think this has more to do with Sony's fight with Apple. Sony wants people to buy their MP3 players instead of iPods, and what's lost in the XCP controversy is that their other version of copy-protection software (by a company called Suncomm) renders the music files unplayable in ITunes--and iPods. Oh, and I read somewhere that Suncomm's product also manages to do what is generally thought to be impossible--it is apparently capable of behaving like spyware, on Macs.

In addition, Sony & other labels are not satisfied with the price points set by Apple in its ITunes music store, and have reportedly been negotiating aggressively to force Apple's hand. Steve Jobs has steadfastly refused to raise the prices. And ITunes' stores in Australia and Japan are not licensed to carry any Sony artists.

>This is a fight that has been going on since audio cassette recorders and VCRs first came out (many people aren't old enough to remember, but the movie industry fought VCRs because they felt that VCRs and the ability to record content off of TV would kill off movies and TV shows).

Ironically, it was Sony, the manufacturer of the Betamax, that they fought, and lost. When it was convenient for their purposes to sell hardware that could potentially infringe on the copyrights of others, they sang a different tune.

The worst of it for them, and perhaps the most bizarre aspect, has been their reluctance to issue any statements remotely admitting that they did anything wrong, their numerous changes to the section of their website dealing with this controversy, their underhanded way in dealing with the issue, apparently by providing (with no small difficulty) an uninstall tool that is said to be the potential cause of more problems than perhaps even the rootkit itself...but it was the statement of the executive, that 'most people don't know what a rootkit is anyway, so why would they care?'

A couple of weeks ago there was someone here who put up a post that remains the only evidence I've seen that anyone could possibly believe that the lawsuits filed against Sony are, as he put it, 'frivolous.'

I read that the act of running the rootkit revealer utility that identified the cloaked software was itself a violation of the DMCA, as was any attempt to remove it. But is that valid since the software itself runs open source code that the programmer did not provide proper credit for? This is a tangled web of ineptitude that grows increasingly bizarre with each development.

I wonder how those Dexter Gordon, Bob Brookmeyer, Neil Diamond, Bette Midler, and Jane Monheit CDs are selling? I know their fan bases are of course the people most involved in copyright infringement, but it was interesting that Sony chose nearly as many jazz, MOR, & adult pop titles as they did anything that the stereotypical adolescent downloader would...probably not pay for anyway even if they couldn't download it illegally for free.


58 posted on 11/21/2005 2:35:19 PM PST by One-Four-Five
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To: faloi
Deinstall being flaky and leaving something behind is very different from a long, protracted process required to get an install that might not technically uninstall everything. Especially when you have to register to get the uninstall for the software you (probably) never really wanted on your system in the first place.

From what I've read, the XCP "uninstaller" only uncloaks it. No means is provided for removing the other malware parts of it.

IMHO, software that is deliberately constructed so as to be hard to remove, and which installs itself without the user having explicitly consented to this fact is malware.

Note that there are sometimes legitimate reasons for software to be hard to remove. Removal of something like a Stac/DoubleSpace driver, for example, will generally leave the compressed data inaccessible. But Sony's software provides no such notice or opportunity for informed consent.

59 posted on 11/21/2005 3:51:14 PM PST by supercat (Sony delinda est.)
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To: One-Four-Five
I still think this has more to do with Sony's fight with Apple. Sony wants people to buy their MP3 players instead of iPods, and what's lost in the XCP controversy is that their other version of copy-protection software (by a company called Suncomm) renders the music files unplayable in ITunes--and iPods. Oh, and I read somewhere that Suncomm's product also manages to do what is generally thought to be impossible--it is apparently capable of behaving like spyware, on Macs.

I recall reading a statement attributed to a media-company bigwig (can anyone else fill in the details) that the reason for downgrading the output of 'non-secure' movie playback devices to 720x480 resolution was not that it would discourage piracy of the downgraded content (many pirates will put up with absolutely lousy quality) but rather because, if such downgrading were not enforced, nobody would by DRM-compliant television sets.

60 posted on 11/21/2005 3:55:28 PM PST by supercat (Sony delinda est.)
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