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Sony Pulls Controversial Anti-Piracy Software

An anonymous reader writes "Bowing to public outrage, Sony BMG has temporarily halted the use of its controversial anti-piracy software in all of its music CDs, the company said in a statement today. The move comes just a day after a top Bush administration official chided Sony and the entertainment industry for going too far: according to this story over at Washingtonpost.com, Stewart Baker, the Department of Homeland Security's policy czar warned would-be DRM makers: '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.' The Post has the full text and video of his commentary." We've reported on this story previously.

55 of 389 comments (clear)

  1. They'll still be liable though by metternich · · Score: 3, Insightful

    For the damage their program has already caused.
    I forsee big lawsuits.

    --
    Facts do not cease to exist because they are ignored.
    1. Re:They'll still be liable though by vidarh · · Score: 4, Funny

      Doesn't take a genius to predict that seeing as it had happened before this article was even posted...

    2. Re:They'll still be liable though by frodo+from+middle+ea · · Score: 4, Insightful
      Most of the lawsuits will be class action lawsuits, which sony will be too glad to settle with the lawyers, thus making a few lawyers very rich.

      What you may get is a discount of 1$ on an already overpriced 20$ CD.

      Sony made a stupid PR mistake, but they are too big a company to really suffer from it so badly, so to completely give up DRM. Come release date of PS3, and all those who critisize sony now, will line up before stall drooling...

      Like it or not, fair use will be a thing of past, in the years to come.

      --
      for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
    3. Re:They'll still be liable though by max+born · · Score: 4, Informative

      It's already happened. Sony Slammed with Suits over Rootkit

      Among other things, Sony is specifically accused of fraud, false advertising, trespass and violation of state and federal statues prohibiting malware, and unauthorized computer tampering,

    4. Re:They'll still be liable though by coolgeek · · Score: 4, Interesting

      You seem to have missed the point that they have also broken several state and federal statutes related to spyware and trespass.

      --

      cat /dev/null >sig
    5. Re:They'll still be liable though by Jaseoldboss · · Score: 5, Insightful
      To quote from the website of the British Phonographic Industry

      The unauthorised distribution of music over the internet is against the law. It infringes the legal rights of artists and record companies. And it's bad for music.


      How hollow those words ring now, let me paraphrase in light of what Sony is accused of.

      The unauthorised tampering with users computers is against the law. It infringes the legal rights of customers. And it's bad for music.

      If there is one thing I'm sick of it's being preached to in this manner by corrupt, self serving sleazy corporate fat cats.
    6. Re:They'll still be liable though by John+Hasler · · Score: 4, Interesting

      > Sony made a stupid PR mistake, but they are too big a company to
      > really suffer from it so badly...

      They will suffer a substantial loss of CD sales. All that the twentysomethings will remember from the newsblips they saw on ABC is that Sony CDs break your computer.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  2. They're not going to recall their CDs... by volpone · · Score: 3, Insightful

    What difference does this statement make? None at all. It's not like Sony will recall the millions of CDs out there with the malware. This is just spin. Move along.

    1. Re:They're not going to recall their CDs... by Armour+Hotdog · · Score: 5, Funny
      Thinking about that though, does it matter if they recall the CD's if the DRM rootkits are already out there installed on computers?

      Don't worry - I'm sure if it comes to that, Sony will take the opportunity to continue to spin shit into PR gold:

      Sony BMG is aware of the growing public perception that certain copyright technology used on a small number of compact discs has been the subject of great controversy over the last several weeks. While we stand by our use of this technology to protect our valuable intellectual property against the growing phenomenon of internet piracy (which cost the recording industry an estimated $12.7 billion in 2004), we recognize that many people continue to hold a deep distrust of this innocuous technology. Therefore, as a gesture of goodwill, we are offering the following replacement program:

      Any person who purchased one of the protected compact discs prior to December 31, 2005 may return the product to Sony BMG, with its original packaging and retail receipt, and choose a replacement compact disc from Sony's extensive library of bagpipe and accordian recordings. Any customers desiring to take advantage of this offer should contact customer service through this link [link to form that initiates overly long chain of correspondance eventually resulting in promise to ship "12 Classic Bagpipe Funeral Marches" in 6-8 weeks]
  3. Keep up the pressure by nuggz · · Score: 4, Insightful

    Good, now keep up the pressure. Unless Sony feels real pain for going too far it will encourage others to keep pushing the envelope on what is acceptable.

    This is why punative damages for "bad behaviour" exist, to make the company take notice and change their behaviour.

    Don't let them get off easy.

    1. Re:Keep up the pressure by demachina · · Score: 4, Insightful

      Setback for DRM yes, a lost battle, but a battle does not a war make.

      This is a quote you should save for coming years.

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

      Drag this quote out out when Trusted Computing, Vista and its successors come out and Microsoft and Intel really do seize control of your computer and everything on it and get away with it.

      I think most of this backlash is just due to the fact Sony, a non U.S. corporation did it, and it was done as an add on. If in the future Microsoft does more or less the same thing, though better integrated and implemented, and ships it bundled in the OS it might well get forced on the world without a peep from the U.S. government.

      In particular Microsoft just need to sell Trusted Computing and DRM as a defense against terrorism, as pro democracy, freedom and capitalism and the Federal government will be cheering it on.

      To put it another way Sony's effort was just badly marketed and marketing is everything in this sorry world we live in.

      --
      @de_machina
    2. Re:Keep up the pressure by Tsiangkun · · Score: 3, Informative

      It might not hurt to use a page from turd blossom's handbook. Say, start an outrageous rumor on the web, and let SONY present the other side of the debate.

      I heard Sony might ship the PS3 infected with DRM that will only allow the games to be played a set number of times before the license expires. I for one will not be upgrading my PS2 to the PS3, the risk is too great.

  4. Bush Administration by jbellows_20 · · Score: 3, Insightful

    Man, what to say? They said something right for a change.

  5. $sys$Here's the reason: by dada21 · · Score: 5, Funny







    1. Re:$sys$Here's the reason: by PaxTech · · Score: 4, Funny

      I think if I had a t-shirt with "$sys$" on the front I could become invisible. Hello, ThinkGeek?

      --
      All movements for social change begin as missions, evolve into businesses, and end up as rackets.
  6. Who will "trust" them next time? by Gerk · · Score: 4, Interesting

    I for one am boycotting all Sony music from here on if it comes on CD. Windows root-kit, OSX kernel extensions ... how can you trust them? The RIAA and big record companies are getting very long in the tooth and I would love nothing more than to see them get taken down. They have all but destroyed the industry over the years and turned it into something worse than politics.

    The most talented musicians I know are waiters, bus boys and taxi drivers, thanks to the recording industry.

    Can't wait for someone to shake it all apart by releasing their works without the industry influences (and the industry taking their piece of the pie).

    1. Re:Who will "trust" them next time? by timster · · Score: 4, Informative

      It's not like we should be surprised. Does nobody remember this from five years ago? Emphasis mine.

      "The [music] industry will take whatever steps it needs to protect itself and protect its revenue streams. It will not lose that revenue stream, no matter what. Sony is going to take aggressive steps to stop this. We will develop technology that transcends the individual user. We will firewall Napster at source - we will block it at your cable company, we will block it at your phone company, we will block it at your [ISP]. We will firewall it at your PC. These strategies are being aggressively pursued because there is simply too much at stake." --Steve Heckler, Sony senior VP, 2000

      --
      I have seen the future, and it is inconvenient.
  7. I wonder . . . by harley_frog · · Score: 5, Interesting

    Are the people who purchased the DRM/spyware CDs due a replacement copy without the DRM/spyware?

    --
    It's all fun and games until someone loses the key to the handcuffs.
  8. Re:Dept of Homeland Security? by (A)*(B)!0_- · · Score: 3, Insightful

    Come on - you're on Slashdot and you can't figure out the implications of a large population of easily infected machines with a common point of entry?

  9. Byeee DRM? by rilister · · Score: 5, Interesting

    Wonderful to watch this going south in a big way, dragging the whole concept of DRM with it. We all owe Sony a debt of thanks, really.

    I particularly enjoyed this quote from First4Internet's website from their director of Sales & Marketing:
    "We're not denying people access to the music," Macdonald said. "We're just trying to help them manage their access."

    http://www.xcp-aurora.com/press_article.aspx?art=x cp_art10

    Please! Please, Mr. MacDonald! Help me manage my access to my media by installing a rootkit!

    --
    'This writing business. Pencils and what-not. Over-rated if you ask me. Silly stuff. Nothing in it' - Eeyore
    1. Re:Byeee DRM? by Anonymous+Brave+Guy · · Score: 3, Funny

      Hmmm... Anyone wanna surreptitiously install software on Sony's office PCs to help them manage access to their corporate bank accounts?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  10. Sony's anti-piracy software in violation of LGPL? by Anonymous Coward · · Score: 5, Informative

    Check this out:

    http://www.webwereld.nl/articles/38285

    Someone in the Netherlands claims to have found certain strings from Lame's source code in Sony's app. Did Sony steal LGPL'd code?

  11. Still no word on Sony's Mac DRM by davidwr · · Score: 5, Insightful

    Macintouch reports that Sony is also putting Macintosh DRM on some of its disks. No word if these kernel extensions - PhoenixNub1.kext and PhoenixNub12.kext - are a rootkit or not, and no word if Sony is suspending their use or not.

    According to the Macintouch article, the Mac DRM is on Imogen Heap's Speak for Yourself, an RCA CD distributed by Sony/BMG.

    I suspect that CD-makers won't be able to keep a stunt like this secret for 8 months next time, because their customers will be watching for such shenannigans.

    Now we wait for Sony to issue a recall.

    "All your replacement CDs are belong to us" - Sony's customers.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  12. I'm Sony's bitch. by Anonymous Coward · · Score: 5, Funny
    it's your intellectual property -- it's not your computer

    Actually, I use a Vaio, so it actually is their computer. I feel _so_ f*cking pwned right now.

  13. Homeland Security by QuaintRealist · · Score: 4, Informative

    The dept of Homeland Security has been worried for some time about the possibility of foreign nationals creating botnets which might allow them to ddos critical online national assets. That's what has them interested (and wierdly on the right side) in this case.

    So now, can Sony be pursued for violation of the USA/Patriot act? /me gets migraine from wishing ill on everyone involved

    --
    Using plain ol' text since 1968
    1. Re:Homeland Security by keraneuology · · Score: 4, Insightful
      The dept of Homeland Security has been worried for some time about the possibility of foreign nationals creating botnets which might allow them to ddos critical online national assets.

      Fair enough, but the millions of zombies hosted by comcast, bellsouth.net, or SBC doesn't interest them, the massive security flaws that allow any Microsoft machine to become a zombie just by connecting it to the internet and going for a pizza don't interest them, but a Van Zant (and other) CDs elicit a response from the tier 1 level?

      Pardon my cynicism but I suspect that -this- received the attention because no matter what people will always buy broadband internet and people will always buy Microsoft but the paranoid with the amplifying tinfoil hats just might start to demand oversight of DRM technologies to the point where the major congressional donors of the RIAA/MPAA might suffer an induced case of the fidgets.

      (Not that there's much danger of that... at this moment the #1 selling album on amazon is 12 Songs [Content/Copy-Protected CD] by Neil Diamond).

      --
      If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
    2. Re:Homeland Security by Piquan · · Score: 3, Insightful

      Fair enough, but the millions of zombies hosted by comcast, bellsouth.net, or SBC doesn't interest them, the massive security flaws that allow any Microsoft machine to become a zombie just by connecting it to the internet and going for a pizza don't interest them, but a Van Zant (and other) CDs elicit a response from the tier 1 level?

      There's a difference. Microsoft's security model is an existing threat, with no easy solution. This type of DRM is a new threat, with the easy solution of "don't start doing this". The DHS is simply advocating this easy solution.

      That's not to say that the problems you mentioned aren't getting tier 1 attention. But they aren't a simple, sound-bitable public statement.

    3. Re:Homeland Security by KarmaMB84 · · Score: 3, Insightful

      I think the easier explanation is that unintentionally crappy software doesn't concern them, but intentionally invasive software does. ;p

  14. Stop making or recall from stores? by SuperKendall · · Score: 3, Interesting

    There's a huge difference between just saying they'll stop going forward, and going to the effort of a recall, complete with replacement of discs people have ALREADY bought in addition to promptly pulling all CD's from stores that have this DRM on them.

    I have afeeling they are doing neither though, I'd love to see a class action suit that demands all CD's sold are to be replaced with DRM-free versions on Sony's dime. Then perhaps it would sink home they'd done something a little wrong.

    I wonder how liable the company that came up with the DRM in the first place is, perhaps Sony can shift all blame to them.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  15. You know you've gone to far... by Anonymous Coward · · Score: 5, Funny

    ...when the creators of the USA PATRIOT Act are on your case about in violating people's rights.

  16. In other news.. by DigitalReverend · · Score: 4, Funny

    The Canadian Government agreed to provied 4000 army troops, a squadron of jets and a naval fleet to the U.S. in it's war on terror.

    After the exchange rates, it came out to 4 canoes, 3 flying squirrels, and a 2 Canadian mounties.

    --
    I read Slashdot for the headlines, because the headlines, unlike the articles, are usually original and never duplicated
    1. Re:In other news.. by ChadAmberg · · Score: 3, Funny

      President Bush May Send Up To 5 Marines For French Assistance

      President Bush has authorized the Joint Chiefs to begin drawing up a battle plan to pull France's ass out of the fire again. Facing an apparent overwhelming force of up to 400 pissed off teenagers Mr. Bush doubts France's ability to hold off the little pissants. "Hell, if the last two world wars are any indication, I would expect France to surrender any day now", said Bush.

      Joint Chiefs head, Gen. Peter Pace, warned the President that it might be necessary to send up to 5 marines to get things under control. The general admitted that 5 marines may be overkill but he wanted to get this thing under control within 24 hours of arriving on scene. He stated he was having a hard time finding even one marine to help those ungrateful bastards out for a third time but thought that he could persuade a few women marines to do the job before they went on pregnancy leave.

      President Bush asked Gen. Pace to get our marines out of there as soon as possible after order was restored. He also reminded Gen. Pace to make sure the marines did not take soap, razors, or deodorant with them. The least they stand out the better.

  17. OMG... Overload!!! by dan_sdot · · Score: 4, Funny

    Slashdot Hive Mind overload!!!! Bush administration evil... but... music industry evil.... can't side with Bush... but can't side with Sony..... aaaghhh!!!
    segmentation fault (core dump).

    1. Re:OMG... Overload!!! by d3ac0n · · Score: 3, Informative

      "In August of 1998, Clinton ordered an air strike against bin Laden and his compatriots because of "compelling information they were planning additional terrorist attacks against our citizens and others with the inevitable collateral casualties and .. seeking to acquire chemical weapons and other dangerous weapons." Many Republicans denounced the bombings as an attempt to divert attention from the Monica Lewinsky affair."

      Hmm.. was that the one where he ordered the missle bombardment of an aspirin factory, or the one where the beaurocratic shackles he had previously placed on the CIA, the FBI and the military caused the information about Bin Laden to arrive so late that we blew up an empty mud hut? Could you refresh my memory?

      --
      Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
  18. Why am I not surprised? by Cl1mh4224rd · · Score: 4, Insightful
    The move comes just a day after a top Bush administration official chided Sony and the entertainment industry for going too far [...]
    Months of potential and prior customers crying foul and Sony's response is, "Meh. It's not that bad, but here's a half-assed patch and some hoops to jump through."

    A day after someone in the government goes, "Naughty, naughty," Sony's suddenly pulling their DRM, if even "temporarily".

    It can't be anymore obvious what Sony thinks of their customers...
    --
    People will pass up steak once a week, for crap every day.
  19. Re:Dept of Homeland Security? by cagle_.25 · · Score: 4, Informative
    FTFA,

    "If we have an avian flu outbreak here and it is even half as bad as the 1918 flu epidemic, we will be enormously dependent on being able to get remote access for a large number of people, and keeping the infrastructure functioning is a matter of life and death and we take it very seriously."

    Makes reasonable sense to me.

    --
    Human being (n.): A genetically human, genetically distinct, functioning organism.
  20. Flu epidemic - warning to malware writers by davidwr · · Score: 4, Insightful

    From the Washington Post article:

    [Stewart Baker, Homeland Security's assistant secretary for policy, said:]
    "If we have an avian flu outbreak here and it is even half as bad as the 1918 flu epidemic, we will be enormously dependent on being able to get remote access for a large number of people, and keeping the infrastructure functioning is a matter of life and death and we take it very seriously."


    Does this mean if malware keeps people from getting medical help the authors can be convicted of manslaughter?

    Jury: We find the defendant guilty on each of the 100 million counts of computer tampering and 2 million counts of involuntary manslaughter.
    Judge: I hereby sentence you to 10 million sentences of 2 years of probation and 2 million sentences of 6 months in jail followed by 5 years probation. Due to the outrageous nature of your conduct, sentences are to be served consecutively. You should be out in time to watch the sun swallow the earth.

    Delicious!!!!!!!

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  21. Why DRM won't work by Arend · · Score: 5, Informative

    An interesting read at: http://www.changethis.com/4.drm :

    "DRM punishes honest people!" ... "Without DRM, people will steal and artists won't get paid!" ... Usage of Digital Rights Management (DRM) has been hotly debated since a college student threatened to put an entire industry out of business with a little application he built in his spare time, Napster. In this transcript of a speech he gave at Microsoft's campus, Cory explains why DRM doesn't work, why DRM is bad for society, bad for business, bad for artists, and a bad move for Microsoft.

    Using Sony and Apple as examples of companies that are using DRM to *punish* consumers, he suggests Microsoft use the opportunity to once again champion users' rights. To follow our current path, Cory argues, is to stifle innovation and contradict the purpose of American copyright law: to promote the useful arts and sciences."

    I always find it very remarkable that the content industry treats the people who pay for their products -- in other industries also known as customers -- as criminals. People don't buy cd's because they want to screw the people who made them and make a zillion copies. Those people buy the damn things because they do *not* want to wast their time on copying!

    And I also don't think the way customers are treated is in the interest of the artists, in whose name this whole mess is being created. Take a look at an excellent article by Janis Ian, a respectable musician:

    http://www.janisian.com/article-internet_debacle.h tml

    "They told me downloads were "destroying sales", "ruining the music industry", and "costing you money".

    Costing me money? I don't pretend to be an expert on intellectual property law, but I do know one thing. If a music industry executive claims I should agree with their agenda because it will make me more money, I put my hand on my wallet...and check it after they leave, just to make sure nothing's missing."

    For what it's worth: this is a women who made more then 25 albums and wrote some very well known songs for other artists. One of her most known songs is "At seventeen", which can be downloaded for free, just like some other songs of her:

    http://www.individualidade.com.br/janisian/mp3/jan isian_atseventeen.zip
    http://www.janisian.com/mp3_downloads.html

  22. Re:Sony's anti-piracy software in violation of LGP by Arend · · Score: 5, Informative

    English translation at
    http://dewinter.com/modules.php?name=News&file=art icle&sid=215

    "A computerexpert, whose name is known by the redaction, discovered that the cd "Get Right With The Man" by "Van Zant" contains strings from the library version.c of Lame. This can be conluded from the string: "http://www.mp3dev.org/", "0.90", "LAME3.95", "3.95", "3.95 ".

    But the expert has more proof. For example, the executable program go.exe contains a so called array largetbl. This is a part used in the module tables.c of libmp3lame."

  23. Re:Dept of Homeland Security? by AndersOSU · · Score: 4, Funny

    I think the sony root kit is causing problems with something called $sys$magic_lantern

  24. It's not Sony's computer by remahl · · Score: 4, Funny

    It belongs to Microsoft.

  25. No by Armour+Hotdog · · Score: 5, Insightful
    Check out their full statement (from a Security Focus article):

    We are aware that a computer virus is circulating that may affect computers with XCP content protection software. The XCP software is included on a limited number of SONY BMG content protected titles. This potential problem has no effect on the use of these discs in conventional, non-computer-based, CD and DVD players.

    In response to these events, SONY BMG has swiftly provided a patch to all major anti-virus companies and to the general public that guards against precisely the type of virus now said to exist. The patch fixes the possible software problem, and still allows CDs to be played on personal computers. It can be downloaded at http://cp.sonybmg.com/xcp/. Starting today, we will also be adding this link to the SONY BMG label and corporate sites. We deeply regret any possible inconvenience this may cause.

    We stand by content protection technology as an important tool to protect our intellectual property rights and those of our artists. Nonetheless, as a precautionary measure, SONY BMG is temporarily suspending the manufacture of CDs containing XCP technology. We also intend to re-examine all aspects of our content protection initiative to be sure that it continues to meet our goals of security and ease of consumer use. More information about our content protection initiative can also be found at: http://cp.sonybmg.com/xcp.


    They're spinning this with all their might. Remember that the patch they so proudly trumpet (look how serious we are about protecting our customers!) doesn't remove the rootkit - it merely disables the cloaking feature. Also note that while they say they are suspending manufacture of these CDs, there is no mention of any effort to remove already manufactured copies from store shelves or the distribution network. Considering that CDs are stamped in large production runs and then kept in inventory, they really haven't committed to anything except to "re-examine all aspects of our content protection initiative to be sure that it continues to meet our goals of security and ease of consumer use." (and note how their goals do not include consumer privacy or control over their own electronic devices).

    No, I don't think we forgive them for this for a long time yet.
  26. Wait a minute... by chipster · · Score: 4, Informative
    FTFA:
    The Sony copy-protection software does not install itself on Macintosh computers...
    Either Sony is lying, or they have no idea of what their DRM vendor is up to.
    1. Re:Wait a minute... by mean+pun · · Score: 4, Informative
      Either Sony is lying, or they have no idea of what their DRM vendor is up to.

      The old /. article is misleading.

      Assuming there is Mac DRM software on the CD, a user still has to (1) explicitly start the installer (no autorun on Mac), and (2) type in a password to authorize the installation of root-priviledged software. Thus, for once Sony is correct and only mildly spinning.

  27. Why can't they go to jail? by swb · · Score: 4, Insightful

    I agree that Sony will probably just write a check to a bunch of lawyers and maybe fire some guys, but why can't people go to jail for these kinds of things?

    It always strikes me as odd that you can fuck up thousands of people's lives (in this case, their computers), knowingly and deliberately, and the only outcome is that some lawyers get rich and a few overpaid *might* have to use their golden parachutes.

    Why isn't this thousands of counts of unauthorized use of a computer? I know that "throw 'em in jail" really isn't a large-scale social solution, but there needs to be a way for our corporate leaders to understand that not only can they not steal and get away with it (cf various corporate thefts), if they abuse their corporate power and mess with people lives, you know what, you might go to jail, too.

    1. Re:Why can't they go to jail? by soupdevil · · Score: 3, Insightful

      Corporations limit the liability of individuals. That's their primary purpose. That said, we should put corporations in jail. Should they be found guilty, Sony should have to cease operations for the extent of their sentence.

    2. Re:Why can't they go to jail? by SideshowBob · · Score: 3, Informative

      Unauthorized use of a computer is a criminal offense, I believe. See here:

      http://www.usdoj.gov/criminal/cybercrime/1030_new. html

      Sentences ranging from fines up to 20 years imprisonment.

    3. Re:Why can't they go to jail? by j-turkey · · Score: 3, Informative
      but why can't people go to jail for these kinds of things? Why isn't this thousands of counts of unauthorized use of a computer?

      Perhaps we should consider the actual damage done. Is the damage so severe and widespread that someone needs to (essentially) pay with their life? I believe that many of the felons convicted for computer crimes probably shouldn't have been felony convictions in the first place. Most of these (in the early days, especially) were just kids trying to prove a point (or proof of concept). When caught, they were usually to make an example of by a DA or judge. However, just because it happened to one group of people, making the same thing happen to another group doesn't make it right.

      Do you really believe that it's fair to interpret these new laws so broadly and liberally hand out prison sentences?

      Is this really a terrible abuse of power? It didn't take long for the information about the rootkit to become publicly available, and those who care decided not to buy any of the Sony CD's. In this case, I don't think that there is some executive sitting in his huge leather chair manicly laughing about owning another PC every time that a user inserts a CD. This sounds more like a company (Sony) made an uninformed decision to purchase a bad technology. Microsoft is just as culpible for their administrator-rights-for-everyone and allowing autorun by default. Further, the end users should know better and turn autorun off, as well as not using superuser level rights for day-to-day use. Should Steve Ballmer be thrown into jail, or the users for making the 'net a less safe place? These could all be constrewed as negligent acts, especially by the standards that you're holding these businesses to.

      Before we get into this any further, I'll suggest reading up on Sarbanes Oxley. It was put in place to hold senior management responsible for their financial indiscretions...mostly for financial record keeping, but really -- it was set up so that company officers couldn't claim igorance of their company's misdoings. So to answer your question, what you've asked for has been done. Perhaps you could give the law a chance to work. It does take a while. There will also be class action suits filed against the company. This will hurt management, as well as the shareholders.

      --

      -Turkey

    4. Re:Why can't they go to jail? by mrchaotica · · Score: 4, Interesting
      Perhaps we should consider the actual damage done. Is the damage so severe and widespread that someone needs to (essentially) pay with their life? I believe that many of the felons convicted for computer crimes probably shouldn't have been felony convictions in the first place. Most of these (in the early days, especially) were just kids
      Yes, yes, yes, YES and YES!!!

      Yes, they DAMN WELL SHOULD GO TO JAIL FOR THIS!! You know why? Because these aren't teenage script-kiddies trying to prove a point, these are high-ranking executives of multinational corporations, who are doing it on purpose , and should FUCKING KNOW BETTER!

      They KNOW what they're doing is illegal and wrong, but they're DOING IT ANYWAY, BECAUSE THEY THINK THEY'RE ABOVE THE LAW. They really need to be made an example, in order to stop the fucking huge corporations from running amok!

      In fact, not only should the executives go to jail, the entire company should be barred from doing business in the United States for some period of time (i.e., the equivalent of jail for a corporation). That's the kind of message we need to send!
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  28. Already product in the channel by Chief+Typist · · Score: 4, Insightful

    "As a precautionary measure, Sony BMG is temporarily suspending the manufacture of CDs containing XCP technology," it said in a statement.

    So why aren't they recalling the product that's already in the channel? There are thousands (millions?) of discs sitting on retailers shelves that are just waiting to install the rootkit. Oh yeah, that would hurt their bottom line.

    Until it costs them, they're not going to learn.

    -ch

  29. Re:do we forgive sony now? by Wieland · · Score: 5, Funny

    On second thought, shouldn't technology that can help prevent the further spreading of Celine Dion actually be considered a good thing?

  30. The purpose of a class action by rgoldste · · Score: 4, Insightful

    Sure, a class action won't help consumers much. But the actual harm in this case was thankfully pretty small, anyway.

    The reason you put together a class action is to consolidate thousands of small claims, and in doing so come up with a total liability that Sony has to pay for. A class action against Sony would cost them a nice chunck of change, "helping them manage their access" to consumers' computers. In other words, a class action, which will almost certainly be settled, is how hundreds of little guys get together to punish the big guy for infringing on their rights.

    I don't think any other western democracy allows U.S.-style class actions, and that's because the class action fulfills a role in the U.S. that the government fills in other countries. Specifically, the class action allows private parties to regulate and enforce the laws via large monetary damages, e.g., environmental laws and consumer protection laws. In other countries, the national government would be more involved in enforcing these laws.

  31. Baker doing what politicians do best- distracting by SuperBanana · · Score: 3, Insightful
    Stewart Baker, the Department of Homeland Security's policy czar warned would-be DRM makers: '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.'

    How about: "it's not your computer. You do not have the right to install software components on someone's computer that spy on them, without their permission. That is computer trespassing and wiretapping. The FBI is currently investigating; in the meantime, here is a court order to remove any CDs with this software from shelves immediately, and we expect you to fully assist consumers with identifying whether a machine has the software installed, and the removal process."

    What Baker is doing is trumpeting the Homeland Security line ("Won't someone PLEASE think of the Homeland Security?!"), and distracting us from the more important issue-that a corporation installed trojan programs that spy on people, and probably broke an number of laws doing so.

  32. Good to create DRM awareness on everybody by TheUnknownCoder · · Score: 5, Informative

    "We also intend to re-examine all aspects of our content protection initiative to be sure that it continues to meet our goals of security and ease of consumer use," Sony BMG added.
    I really can't believe this clown is saying that. Did they ever have a security goal in mind??? Does this statement mean that they continue to do business as usual???

    I went back to their FAQs, and found a few interesting lines:

    - You must log on to your computer with Administrator rights or Power User rights to fully use the disc.
    So I must be an admin just to listen to Ricky Martin??? Gimme a break.

    - To date, Apple has not been willing to cooperate with our protection vendors to make ripping to iTunes and to the iPod a simple experience.
    And hopefully it'll stay that way for a long, long, long time...

    - the protection components are never installed without the consumer first accepting the End User License Agreement.
    But nowhere in the EULA it is mentioned what the user is in fact installing.

    - If at some point you wish to remove the software from your machine simply contact customer service through this link. You will, though, be unable to use the disc on your computer once you uninstall the components.
    Now this is another issue. Sony is marketing their discs as CDs, but their are not campatible with standard CD players??? They can't slap the CD logo anywhere they want and get away with it. They have to follow the standards, or call their DRM discs something else and anounce in big bold letters that such disc may not be playable in all devices.


    Let's take advantage of this whole mess with Sony. Right now is the perfect time to create some awareness on the average Joe about the implications of DRM and how the insdustry is going way too far with it.
    --
    Uncopyrightable: The longest word you can write without repeating a letter.
  33. This has hurt sonys reputation badly. by Sj0 · · Score: 4, Interesting

    I have an e-mail message showing EECOL Electric in Canada telling it's employees, "DO NOT UNDER ANY CIRCUMSTANCES INSERT SONY MUSIC CD'S INTO YOUR COMPUTER, EITHER AT HOME OR WORK!" in big red letters, followed by an explanation of the situation.

    I'm positive this isn't the only company which has sent out similar notices.

    --
    It's been a long time.