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Where are the Prosecutors?

a_greer2005 wonders: "In the past 5 years, we have seen plenty of virus writers in the United States brought to justice both criminally and when possible financially. In the past couple of weeks it has been discovered that Sony has shipped a rootkit, which is worse than the common spyware or virus, so I ask you, where are the law suits? Is anyone planning criminal/civil action at all? Does Sony frighten the entire legal industry? If nothing is done about this, will we have ANY right to tell a company 'NO' in the future when it comes to DRM worms -- Is this but a sample of things to come?" Update: 11/12 10:20 PM EDT by C :Whoops! Missed the fact that we've already reported on the fact that California has already started a class action suit against Sony (thanks to the posters that caught this). New York may soon follow. However that is only 2 states out of 50. Is there a possibility of more to follow?

18 of 35 comments (clear)

  1. SONY rootkit violates LPGL by isn't+my+name · · Score: 5, Interesting

    Looks like the corporation defending copyrightsmay have some copyright problems of their own.

    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 ".

    1. Re:SONY rootkit violates LPGL by _LORAX_ · · Score: 2, Interesting

      Maybe because the rootkit is LOOKING for these binaries in order to SHUT THEM DOWN.

    2. Re:SONY rootkit violates LPGL by AtrN · · Score: 3, Funny

      Nah, they're okay. The install the source under $sys$src

    3. Re:SONY rootkit violates LPGL by Dachannien · · Score: 3, Informative
    4. Re:SONY rootkit violates LPGL by dtfinch · · Score: 2, Informative

      You may expect a program CD to auto-run, but nobody expects a music CD to run executable code. You expect music CD's to simply be read and played, which does not involve running code from the CD. Music and data CD's are even encoded differently. Pure music CD's have no filesystem. If you look carefully on the surface of a DRM'd CD, you'll see two faint bands, a large outer band for audio, and a thin, almost invisible inner band for data. For a long time, CD's were either all-audio, or all-data, and almost never hybrid, and for the most part that's how it still is, which leads some people to the false assumption that music CD's can't infect their system.

      The amount of harm in installing a rootkit is often uncertain, except that there's always some harm. They modify internal operating system structures, and can cause quirks and instability. Rootkits simply do not get the same quality of testing as mature operating system code. We already know that Sony's DRM'd CD's will crash Windows Vista. At the very least, they cause a slight slowdown and make it easier for other unwanted programs to hide from the user. At the worst, any patch to the operating system which changes one of those internal structures could render a system running the rootkit unbootable, which for an average user (not most skilled users) means the loss of everything they had on the system, if they're forced to reformat and reinstall the system using the restore CD that came with the system. For such an inexperienced user, the damage caused by the rootkit could be in the tens of thousands of dollars.

      I got a computer science degree from Southern Oregon University, and I've taken a few classes on computer related legal issues, but none of which (as far as I can remember) has any relation to what I just said.

    5. Re:SONY rootkit violates LPGL by miu · · Score: 3, Insightful
      it's pretty hard to allege because you WILLINGLY run the CD

      Just like you willingly ran an executable containing a virus? I don't buy it. Basically that argument comes down to a rootkit being okay for Sony because they are the good guys and not okay for anyone else because they are criminals/terrorists/anarchists.

      --

      [Set Cain on fire and steal his lute.]
  2. They've got protection... by ForumTroll · · Score: 3, Insightful

    It's easy to take legal action and be successful against a single person, especially one who often is very young and simply cannot afford to hire good legal counsel. On the other hand, it's not so simple to take legal action and be successful against a huge corporation with ties high up in the government and loads of money to protect themselves. Legal action is being pursued in several states and by several different parties, but due to the fact that this is a major corporation with very important friends in high places they will receive nothing more than a slap on the wrist.

    --
    "A Lisp programmer knows the value of everything, but the cost of nothing." - Alan Perlis
  3. Uhhh by timdorr · · Score: 4, Informative
    --
    Tim Dorr
    Owner/Manger
    A Small Orange
  4. Not a rootkit by jgoemat · · Score: 2, Insightful

    A rootkit is a set of tools used by a hacker to hide his presence on a system and maintain 'root' privileges (Administrator on Windows). While Sony's DRM app does hide its presence, I don't believe there has been any indication of systems comprimised and hacked into by Sony and I don't think that was their intention. I don't know what it is, but I wouldn't call it a 'rootkit'.

    1. Re:Not a rootkit by Thing+1 · · Score: 3, Insightful
      Doesn't matter whether Sony uses their hidden software to compromise a system. They installed the hidden software which allowed someone to compromise. That hidden software is commonly known as a "rootkit".

      A "virus" or "trojan" or "worm" is the software that performs the compromise. A "rootkit" allows the V/T/W writer to produce their creation with less effort.

      Sony is directly responsible for reducing system security on PCs that have been infected with their rootkits. That is actionable, but likely nobody will go to jail.

      --
      I feel fantastic, and I'm still alive.
    2. Re:Not a rootkit by max+born · · Score: 3, Informative

      I don't believe there has been any indication of systems compromised and hacked into by Sony ...

      Not hacked by Sony but others are beginning to take advantage as a result of Sony making it easy for them. Sony Rootkit Trojans Emerge. So far, trojans Backdoor.IRC.Synd.a and its variant Backdoor.IRC.Synd.B have been detected.

  5. This is what you get... by BrokenHalo · · Score: 2, Interesting

    This is what you get when you allow large corporations to dictate your laws: they will only be enforced when it suits those corporations. And when you allow nearly all laws to defend only the interests of the very rich at the expense of everyone else, a travesty of justice is the inevitable result.

  6. Re:The thing is... by the+eric+conspiracy · · Score: 2, Insightful

    Well, considering the rootkit can easily be carried into the office by people wanting to listen to their protected music at work this software does at least rise to the point of annoyance for corporations too. Not to mention that it phones home, and other malwares have appeared that use the cloaking nature of this software to hid themselves.

    It is just a dirty deal.

  7. Some information by _LORAX_ · · Score: 3, Informative

    I spent the better part of an hour yesterday ridding my mothers computer of this "rootkit". Most of that time was spent attempting to restore the use of her CD/DVD drive that went missing after the core DRM code is shut down. Before people get on my case, my mom is no idiot and is very protective of her computer. I asked her specifically if she ran or saw anything run when she put the CD in her drive and I believe her version of events.

    She did not install anything

    She did not agree to anything

    She never saw an EULA

    Her computer could not RIP ANY CD's afterwards

    All she did was attempt to import a CD into iTunes and from then on out any attempt to import CD's would freeze up her computer, not just XCD protected disks.

    1. Re:Some information by karnal · · Score: 3, Informative

      I have Our Lady Peace's new disc, Healthy in Paranoid Times.

      On insertion (simulated here via the AUTORUN.EXE, since my autorun is off) the CD displays an "Enhanced CD Installer" window, which has the title and artist of the cd. "End User License Agreement" is off to the right.

      In the center is the familiar legalese of the EULA - stating "IMPORTANT - READ CAREFULLY:" Off to the bottom is an "Agree/Disagree" radio button, which if you select Disagree (agree is defaulted, BTW - without any scrolling in the main EULA part) the CD automatically ejects to protect itself.

      But it will not install any software if you select Disagree. Given, I am only able to test on this specific CD, so I can't really state with full authority that your mother clicked on "Next" without moving the radio button, but in my case you'd have to hit something to install this rootkit.

      p.s. You can also rip away with EAC while the agreement is being displayed, if you don't want to turn off Autorun. My thoughts are to just turn off Autorun, however... It is handy in certain cases, but I'm not a typical user I guess.

      pps bottom of my eula = (ID:239675.18 -- 1/7/2005)

      --
      Karnal
  8. Re:The thing is... by GuyverDH · · Score: 2, Insightful

    So what it seems like you are saying (or at least implying) is this.

    If it only FUCKS over the little guy, then fuck it - it's okay.

    However, if it fucks over a big fish - then shit - we have to prosecute.

    There's something distinctly wrong with that, and I really hope that that was not your intent.

    --
    Who is general failure, and why is he reading my hard drive?
  9. Wrong! by sconeu · · Score: 3, Informative

    Nope. Class Action Suits are civil actions. Story Poster is asking "Where are the *CRIMINAL* penalties for this"?

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  10. Re:The thing is... by barc0001 · · Score: 2, Interesting

    it's not self replicating and doesn't attack other people's PC over the internet or such

    Oh. So by that definition ANY rootkit is just peachy.

    It's mostly single homer users affected

    Where do you think those zombie botnets that send out all the crap spam are located?
    That's right. Compromised home users who don't even know something's wrong because their system has been hit with a rootkit. Now Sony has created a powerful new tool for the spambot creators to use. Thanks Sony!