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Sony Doing An End Run Around Its Own DRM

glassgnost writes "According to a story at CNN, Sony has an odd response to complaints from fans who have discovered they cannot import their CD content to an iPod. Individuals who complain to Sony BMG about iPod incompatibility are being directed to a Web site that provides information on how to work around the technology. In short, some labels appear to have been instructing customers how to defeat DRM -- which, IIRC, is a violation of DMCA." From the article: "For now, the copy-protected discs work only with software and devices compatible with Microsoft Windows Media technology. Apple -- the dominant player in digital music -- has resisted appeals from the labels to license its FairPlay DRM for use on the copy-protected discs. The DRM initiatives are generating complaints from fans, many of whom own iPods. The message boards of artist fan sites and online retailers are filled with complaints from angry consumers who did not realize they were buying a copy-protected title until they tried to create music files on their home computers."

22 of 353 comments (clear)

  1. Incorrect by waynegoode · · Score: 4, Informative

    The linked website does not provide information on how to work around the technology. It explains how to 'work with' the DRM software. This page on the website mentions the problem of playing their DRMed music on an iPod and directs you to this form that you are required to fill out to apparently be emailed instructions.

  2. Do as we do in Brazil by famazza · · Score: 1, Informative

    Buy ilegal copies of you favorites CDs, for as cheap as US$ 2,00 (3 for US$ 4).

    Seriously. Acting like this is ask for ilegal copies, here in Brazil you really can buy ilegal copies for US$ 2, if you don't care about boxes you can buy for US$ 1,25 (2 for US$ 2), and when you buy a legal copy at local store you can't play it in your linux computer.

    For me it seems that they want it!

    --

    -=-=-=-=
    I know life isn't fair, but why can't it ever be un-fair in MY favor!?
  3. Why is it that Fair Use seems to be forgotten? by DustyShadow · · Score: 3, Informative

    Why are labels allowed to put this type of technology on albums and then say that they are not violating the consumer's fair use rights? I really don't understand why the fair use doctrine seems to have been thrown out the window lately. What would happen if someone took this to court claiming that their rights have been violated, not only by the DRM, but also by the DMCA?

    1. Re:Why is it that Fair Use seems to be forgotten? by Bent+Mind · · Score: 2, Informative

      Fair Use only allows the end-user exemption from copyright law when the copying of the content is possible. The doctrine doesn't state anywhere that the content has to be made copyable.

      But all content is copyable until you use the DMCA to prevent it.

      I've seen a few articles lately where certain artists have come out in support of fair use. My personal thought is that someone should put up a site that lists artists who are against fair use. This would make it easier to boycott their crap.

      --
      Request a Linux Shockwave player here: http://www.macromedia.com/support/email/wishform/
    2. Re:Why is it that Fair Use seems to be forgotten? by Anonymous+Brave+Guy · · Score: 2, Informative
      What would happen if someone took this to court claiming that their rights have been violated, not only by the DRM, but also by the DMCA?

      It would be summarily thrown out, since under US law "fair use" isn't a right, it's an affirmative defence.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  4. Text of the canned circumvention email by Anonymous Coward · · Score: 5, Informative

    This is it.

    Thank you for contacting Sony BMG Online.

    We appreciate your purchase of our CD and apologize for any inconvenience. Please follow the instructions below in order to move your content into iTunes and onto an iPod.

    [Macintosh] If you have a Macintosh computer you can copy the songs using your iTunes Player as you would normally do.

    [Windows] If you have a PC place the CD into your computer and allow the Sony BMG audio player on the CD to automatically start. If the player software does not automatically start, open your Windows Explorer. Locate and select the drive letter for your CD drive. On the disc you will find either a file named LaunchCD.exe or Autorun.exe. Double-click this file to manually start the player.

    TIP: If your CD does not contain either the LaunchCD.exe or Autorun.exe files, it may not be compatible with this iPod solution. Please reply to this letter for more information.

    Once the Sony BMG player application has been launched and the End User License Agreement has been accepted, you can click the Copy Songs button on the top menu.

    Follow the instructions to copy the secure Windows Media Files (WMA) to your PC. Make a note of where you are copying the songs to, you will need to get to these secure Windows Media Files in the next steps.

    Once the WMA files are on your PC you can open and listen to the songs with Windows Media Player 9.0 or higher (or another fully compatible player that can playback secure WMA files, such as MusicMatch, RealPlayer, and Winamp). You can then burn the songs to a standard Audio CD. Please note that in order to burn the files, you will need to upgrade to, or already have, Windows Media Player 9 or 10.

    Once the standard Audio CD has been created, place this copied CD back into your computer and open iTunes. iTunes can now rip the songs as you would any normal audio CD.

    Please note an easier and more acceptable solution requires cooperation from Apple, who we have already reached out to in hopes of addressing this issue. To help speed this effort, we ask that you use the following link to contact Apple and ask them to provide a solution that would easily allow you to move content from protected CDs into iTunes or onto your iPod rather than having to go through the additional steps above:

    http://www.apple.com/feedback/ipod.html

    Thank you for the opportunity to be of assistance.

    The Sony BMG Online Support Team
    CCKM


    This message and any attachments are solely for the use of intended recipients. They may contain privileged and/or confidential information. If you are not the intended recipient, you are hereby notified that you received this email in error, and that any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you receive this email in error please contact the sender and delete the message and any attachments associated therewith from your computer. Your cooperation in this matter is appreciated.

    Oops.

    1. Re:Text of the canned circumvention email by Anonymous Coward · · Score: 5, Informative

      When you stick one of these copy-protected CDs into your drive for the first time and let the Autorun program execute, it installs a device driver onto your PC. This device driver can recognize these copy-protected CDs and interfere with ripping, etc. This is why the CD will rip properly on Macs... they have no use for Windows autorun programs and device drivers.

      Anyway, if you've never put one of these CDs in your drive and let it autorun, then either (a) disable autorun or (b) hold down the shift key as you insert the disc to bypass autorun. You will then be able to rip it normally.

      If you've inadvertantly autoran one of these CDs (and had the device driver installed as a result), Google around for instructions on how to find and remove the device driver.

  5. Re:I don't think it is a violation of the DMCA... by rlandrum · · Score: 3, Informative

    "And, if you are, would it be considered entrapment?"

    Entrapment is a legal term used only when the other party is a law enforcement agency, I believe.

  6. Re:Has anyone received the reply? by Anonymous Coward · · Score: 5, Informative

    Yep, I recognised the symbol and used my coldplay album. They sent the directions instantly. The album doesn't say it's Sony though so I don't think it matters. I think the only real info you need is the email so they can you the directions. Excerpt. "Thank you for contacting Sony BMG Online.

    We appreciate your purchase of our CD and apologize for any inconvenience. Please follow the instructions below in order to move your content into iTunes and onto an iPod.
    If you have a PC place the CD into your computer and allow the Sony BMG audio player on the CD to automatically start. If the player software does not automatically start, open your Windows Explorer. Locate and select the drive letter for your CD drive. On the disc you will find either a file named LaunchCD.exe or Autorun.exe. Double-click this file to manually start the player.

    TIP: If your CD does not contain either the LaunchCD.exe or
                  Autorun.exe files, it may not be compatible with this iPod
                  solution. Please reply to this letter for more information.

    Once the Sony BMG player application has been launched and the End User License Agreement has been accepted, you can click the Copy Songs button on the top menu.

    Follow the instructions to copy the secure Windows Media Files (WMA) to your PC. Make a note of where you are copying the songs to, you will need to get to these secure Windows Media Files in the next steps.

    Once the WMA files are on your PC you can open and listen to the songs with Windows Media Player 9.0 or higher (or another fully compatible player that can playback secure WMA files, such as MusicMatch, RealPlayer, and Winamp). You can then burn the songs to a standard Audio CD. Please note that in order to burn the files, you will need to upgrade to, or already have, Windows Media Player 9 or 10.

    Once the standard Audio CD has been created, place this copied CD back into your computer and open iTunes. iTunes can now rip the songs as you would any normal audio CD.

    Please note an easier and more acceptable solution requires cooperation from Apple, who we have already reached out to in hopes of addressing this issue. To help speed this effort, we ask that you use the following link to contact Apple and ask them to provide a solution that would easily allow you to move content from protected CDs into iTunes or onto your iPod rather than having to go through the additional steps above:

  7. Re:Apple should do what?! by Michalson · · Score: 2, Informative

    How about you ("The Company") give the technology to Apple

    Not to burst your Apple is glorious, evil record companies are to blame, but you've read that statement completely backwards. Apple owns FairPlay. Apple has refused to licence their fairplay protection to other companies so someone else can produce iPod compatible music (which is what Sony is asking to do here), and Apple has refused to equip the iPod with the freely licenced DRM the rest of the MP3 industry (players and online stores) are using.

    Even when it would be the one recieving the money, Apple has refused to allow any world other then the one in which iTunes protected music can only be played on an iPod, and an iPod can only play protected music from iTunes. So unless you're a fanboy who changes his opinion based on whose his buddies are, you'll want to correct that to be a demand for Apple to "give" their fairplay technology to Sony, so Sony can make music that is compatible with the iPod. Frankly I don't care for either one of those companies, but I do like to see some accuracy from the local fanatics.

  8. Re:I don't think it is a violation of the DMCA... by Karzz1 · · Score: 2, Informative

    This results in them not being able to use the DMCA against anyone over this specific technology.

    Ideally that would be the case however violations of the DMCA are criminal and as such are not regulated by the copyright holder. You may recall the case a couple of years ago where Adobe, with the cooperation of the FBI, had a Russian programmer speaking at one of the hacker-cons arrested under the DMCA for his speech (and software he had written for his company) regarding how to bypass the trivially weak protections on Adobe's ebooks. After the backlash by the general public, Adobe tried to drop the charges however the FBI was not only unwilling to do so, they refused to do so. I don't have links right now, but I am sure a fellow /.er could provide some more details.

    --
    Beware of he who would deny you access to information, for in his heart he dreams himself your master.
  9. Re:Has anyone received the reply? by Anonymous Coward · · Score: 1, Informative
    It looks like the form is just tied into an autoresponder, and doesn't particularly care what you enter in. I'd imagine they're logging the requests for statistical purposes, so that they can see which albums generate the most complaints. Anyway, here's the email one would receive after filling the form out:
    From: contentprotectionhelp@info.sel.sony.com
    Subject: Re: ContentProtectionHelp Email Form

    Thank you for contacting Sony BMG Online.

    We appreciate your purchase of our CD and apologize for any inconvenience. Please follow the instructions below in order to move your content into iTunes and onto an iPod.

    [Macintosh]
    If you have a Macintosh computer you can copy the songs using your iTunes Player as you would normally do.

    [Windows]
    If you have a PC place the CD into your computer and allow the Sony BMG audio player on the CD to automatically start. If the player software does not automatically start, open your Windows Explorer. Locate and select the drive letter for your CD drive. On the disc you will find either a file named LaunchCD.exe or Autorun.exe. Double-click this file to manually start the player.

    TIP: If your CD does not contain either the LaunchCD.exe or
    Autorun.exe files, it may not be compatible with this iPod
    solution. Please reply to this letter for more information.

    Once the Sony BMG player application has been launched and the End User License Agreement has been accepted, you can click the Copy Songs button on the top menu.

    Follow the instructions to copy the secure Windows Media Files (WMA) to your PC. Make a note of where you are copying the songs to, you will need to get to these secure Windows Media Files in the next steps.

    Once the WMA files are on your PC you can open and listen to the songs with Windows Media Player 9.0 or higher (or another fully compatible player that can playback secure WMA files, such as MusicMatch, RealPlayer, and Winamp). You can then burn the songs to a standard Audio CD. Please note that in order to burn the files, you will need to upgrade to, or already have, Windows Media Player 9 or 10.

    Once the standard Audio CD has been created, place this copied CD back into your computer and open iTunes. iTunes can now rip the songs as you would any normal audio CD.

    Please note an easier and more acceptable solution requires cooperation from Apple, who we have already reached out to in hopes of addressing this issue. To help speed this effort, we ask that you use the following link to contact Apple and ask them to provide a solution that would easily allow you to move content from protected CDs into iTunes or onto your iPod rather than having to go through the additional steps above:

    http://www.apple.com/feedback/ipod.html

    Thank you for the opportunity to be of assistance.

    The Sony BMG Online Support Team
    CCKM

    This message and any attachments are solely for the use of intended recipients. They may contain privileged and/or confidential information. If you are not the intended recipient, you are hereby notified that you received this email in error, and that any review, dissemination, distribution or copying of this email and any attachment is strictly prohibited. If you receive this email in error please contact the sender and delete the message and any attachments associated therewith from your computer. Your cooperation in this matter is appreciated.
  10. Re:Violating the DMCA? by Em+Adespoton · · Score: 2, Informative
    Even if that does violate the DMCA, only certain people would have standing to sue about it...mostly Sony. Anyone else getting a piece of the profits would, as well, but it's possible that their contracts surrender that particular right to sue to Sony. Also, the artists may be just as interested in Sony in getting around this particular manifestation of the law of unintended consequences, so they might not want to sue, either.

    In the US, DMCA is a criminal law; that means that disobeying it is a crime against the state, not against a copyright holder. You are prosecuted for circumvention, not for copyright infringement, which is a different (and private) legal issue.

  11. Re:I don't think it is a violation of the DMCA... by Karzz1 · · Score: 2, Informative
    --
    Beware of he who would deny you access to information, for in his heart he dreams himself your master.
  12. Re:Has anyone received the reply? by mr_shifty · · Score: 3, Informative

    Of course, that solution would be like so:

    1. Give the CD to a friend who uses a Linux or Mac machine, which won't recognize the autoplay app that hijacks Windows into seeing only the data section of the disc and not the audio section.

    2. Have that friend use their Linux box or Mac to burn a new CD of the raw audio files from your defective purchased -- er, "copy protected" -- disc, NOT the atrac or WMA files.

    3. Rip whatever you want, however you want from the burned CD.

    --
    And the circle of life continues to spin, occasionally wobbling on its axis thanks to the weighty presence of dumb.
  13. Re:Has anyone received the reply? by blarg52 · · Score: 2, Informative

    It is completly automated reply. Here is an example: http://www.mailinator.com/mailinator/showmail.jsp? email=yvbvksjxxot&msgnum=0

  14. Re:Has anyone received the reply? by toddestan · · Score: 4, Informative

    Even simplier:

    1. Disable autoplay in Windows, or simply hold down the shift key while inserting the CD into the computer. This prevents Windows from auto-installing that DRM crap.

    2. Rip the CD in whatever audio program you want (Audiograbber, iTunes, Winamp, WMP, whatever).

  15. Re:Blaming Apple by stinerman · · Score: 3, Informative

    Incorrect (but I know what you're trying to say).

    It is certainly a CD so long as its 120mm in diameter and all the other usual disc-shaped properties. It is NOT an audio cd as it doesn't adhere to the Red Book audio CD standard.

  16. Re:Blaming Apple by Anonymous Coward · · Score: 1, Informative

    Here's a few numbers to call to let Sony BMG know that you support Apple's approach over there's or that at least you don't support DRM on their CDs, won't buy any more, etc...

    They can be found at http://www.sonybmg.com/ select contact us

    General SONY BMG: 212-833-8000
    Arista Records: 646-840-5600
    SONY BMG U.S. Latin: 305-695-3600
    J Records: 646-840-5600
    Jive Records: 212-727-0016
    RCA Label Group Nashville: 615-301-4300
    RCA Records: 212-930-4000
    SONY BMG Corporate Press: 212-833-5047

  17. Re:Blaming Apple by jrockway · · Score: 4, Informative

    I actually did this :) When iPod-owners can't buy your music, you lose. Fuck you, record companies. You're not in control anymore.

    Technically, though, FairPlay won't even work when distributing CDs. FairPlay works by encrypting the song with the iPod's key. When the CD is pressed, they obviously don't know the key to your iPod. So this isn't even possible.

    Actually, when you download a song from iTMS, YOUR computer applies the DRM to a clean copy it gets from iTMS. Running tcpdump and reassembling the file results in a non-DRM'd file. FairPlay, like all DRM, is a joke.

    --
    My other car is first.
  18. Re:Blaming Apple by Vengie · · Score: 3, Informative

    To use the compact disc logo, you must meet the appropriate spec. Check your local "protected" cd. It doesn't have the logo.

    --
    When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
  19. Re:Blaming Apple by Jerom · · Score: 2, Informative

    Actually in some countries (most of the EU AFAIK) copy protected CD cannot be sold as CDs and have to carry a warning.

    A lot of people stopped buying them since they often do not work in car CDplayers (generally those that also play MP3 CDs)

    Regards,

    J.