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DVD Jon's Code In Sony Rootkit?

An anonymous reader writes "With some help from Sabre Security, Sebastian Porst and Matti Nikki have identified some stolen GPL'd code in Sony's rootkit. Ironically the code in question seems to be VLC's demux/mp4/drms.c -- the de-DRMS code which circumvents Apple's DRM, written by 'DVD' Jon Lech Johansen and Sam Hocevar."

111 of 585 comments (clear)

  1. DVD Jon strikes back! by VincenzoRomano · · Score: 5, Funny

    The Revenge of the Sick (with copy protections)!

    --
    Maybe Computers will never be as intelligent as Humans.
    For sure they won't ever become so stupid. [VR-1988]
  2. hmm by Tibor+the+Hun · · Score: 5, Funny

    looks like they owe the kid some royalties...

    --
    If you don't know what AltaVista is (was), get off my lawn.
  3. Nice link, guys. by RandoX · · Score: 3, Funny

    That's what I get for actually trying to RTFA, I guess.

    1. Re:Nice link, guys. by BushCheney08 · · Score: 2, Informative

      He was referring to the fact that the original link was "http://slashdot.org/ahref="

      --
      Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
  4. I'm suprised that the execs at Sony...... by 8127972 · · Score: 4, Funny

    .... still have feet after shooting themselves in the foot so often.

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
    1. Re:I'm suprised that the execs at Sony...... by 'nother+poster · · Score: 5, Insightful

      They are both to blame. Comapany A says "Since a lot of companies want DRM, we'll give them some DRM. Who cares if it's a stupid and possibly illeagal implimentation, it will make us a buttload of cash." Company B comes along and says, "That's just what weve been looking for! We have no idea how it really works, and we don't care, but you buy a great lunch and the presentation used all of our required buzzwords."

      "First 4 Internet" are idiots for thinking they were more clever than several million computer geeks around the world. Sony are idiots for not throughly researching exactly what the software they licensed did, and how it did it, as well as thinking they had some right to do as they wish with someone elses property.

  5. A share of profits? by RobinH · · Score: 5, Interesting

    This is GPL'd code, not LGPL'd, right?

    Anyway, DVD John can actually sue Sony for all *revenue* that Sony made from the sale of the CDs, if I'm not mistaken (not just profits). That would grab them where it hurts!

    --
    "I have never let my schooling interfere with my education." - Mark Twain
    1. Re:A share of profits? by RobinH · · Score: 4, Insightful

      Actually I might be thinking patent infringement there. Seems like in a copyright case they could sue for statutory or actual damages if the material has been registered with the copyright office. The statutory damages might be $750 to $30,000 per infringement, but a judge can go above or below those numbers. Actual damages requires you to prove loss of income, which would be difficult in this case, since the code is distributed freely (in the sense of beer).

      --
      "I have never let my schooling interfere with my education." - Mark Twain
    2. Re:A share of profits? by Alchemar · · Score: 5, Interesting

      If it is GPL code then wouldn't it make the EULA unenforcable under the cannot add other restrictions clause?

    3. Re:A share of profits? by AvitarX · · Score: 2, Insightful

      Except if there was a price he was willing to sell the code for rights to use in a closed source app that price would be the damages, no matter how crazy the price was, since it is in a closed source app and he got nothing.

      --
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    4. Re:A share of profits? by arootbeer · · Score: 2, Funny

      So he could sue them for loss of income in beer terms?

      "Your honor, the actions of the defendant cost my client over 31,423 kegs, 3 cases, 2 20 oz cans, and 1.3 12 oz cans of lost beer. We are requesting monetary compensation of $1,000,000 in order that my client can recreate that stash. We have not asked for damages regarding lost time as we feel that, had my client actually had the aforementioned amount of beer, he likely would have done less work in the interim, not more."

    5. Re:A share of profits? by Anubis350 · · Score: 5, Insightful

      I wouldn't blame Sony too much since they're just trying to stop pirates from copying their music

      *I* would. Are you seriously saying that if they committed copyright infringement to prevent copyright infringement it's ok because they're preventing copyright infringement? And that rootkitting thousands of machines worldwide is perfectly fine because "they're just trying to stop pirates"? wow! I want what you're smoking!

      --
      "goodbye and hello, as always" ~Prince Corwin, from Zelazny's Amber series
    6. Re:A share of profits? by daviddennis · · Score: 2, Interesting

      The damages are near limitless.

      $30,000 per infringement means $30,000 per sale of each CD. This is how they got to such huge damage claims in the peer to peer wars.

      Sony's in genuine trouble on this one, and no matter what they look like hypocrites.

      I have the strangest feeling DVD Jon's current boss knows a few good lawyers, so this won't be swept under the rug.

      D

    7. Re:A share of profits? by Spy+Hunter · · Score: 2, Insightful

      Forget the GPL; does the rootkit actually *use* this code? If so, then I think Aple has a pretty clear DMCA case against Sony, since they certainly didn't license FairPlay DRM for Sony to use. And Apple is much more likely than DVD Jon to have both the inclination *and* the means to start a big legal fight about it. Sony breaking Apple's DRM with their rootkit designed to protect their own DRM would be irony too delicious for words.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    8. Re:A share of profits? by someone1234 · · Score: 2, Interesting

      No, if it would truly contain gpl code, they didn't acknowledge the license. Thus they infringed copyright. Nothing 'more'.

      Actually, i'm unsure why they had this new code in. some possibilities:
      1. support playing of apple drm'd music (invalid because they surely use his whole code which constitutes copyright infringement)
      2. scan for DVD Jon's code and block its usage (valid - fair use, they use only signatures)

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    9. Re:A share of profits? by RobinH · · Score: 2, Insightful

      Well, when the vehicles have a tendency to blow up, they MIGHT do a recall. Ford did not do the recall with the Pinto because they calculated that paying the lawsuits would be cheaper than the cost of fixing the problem. I wonder how they accounted for the public relations backlash though...

      However, the people who actually had their car blow up can sue for lost wages, medical expenses, damages, and in the case of the US, "pain and suffering". That is where the big bucks are paid.

      In the case of the CDs, it's two different issues. The consumers are harmed by the product, and they could sue, which is why you see the class action suits. However, this article is talking about the copyright infringement, which has nothing to do with the consumer, and everything to do with the copyright holder vs. Sony (and first 4 internet, perhaps). Doing a recall of the CDs won't compensate the copyright holder for the copyright violation. The copyright holder can sue for statutory or actual damages caused by the copyright infringement simply because Sony distributed a copyrighted work that didn't belong to them.

      --
      "I have never let my schooling interfere with my education." - Mark Twain
    10. Re:A share of profits? by Krach42 · · Score: 2, Insightful

      The copyright holder can sue for statutory or actual damages caused by the copyright infringement simply because Sony distributed a copyrighted work that didn't belong to them.

      And what is the range of that amount? Although, likely Sony would settle first rather than admit in court that they infringed on someone else's copyrights.

      But persume that it could be proven beyond a shadow of a doubt that they had infringed on the person's code. (That the code is there, and it is actively executed, and not used as a fingerprint) And assume also that for all effective matters there were no actual damages beyond the non-release of code.

      What kind of statutory damages could be received?

      --

      I am unamerican, and proud of it!
  6. Who guessed it? by OxygenPenguin · · Score: 5, Interesting

    I said right off the bat, that the Sony DRM package would be full of other's code. Seems to me that Sony hired some blackhats to get the job done for them. Violating the GPL is definitely the least of their worries, but just another strike against what is becoming an increasingly corrupt music giant.

    --
    Read the only personal Runyon page out there.
    1. Re:Who guessed it? by RingDev · · Score: 2, Insightful

      "Seems to me that Sony hired some blackhats to get the job done for them."

      Err, no. Sony licensed a product that was developed by a bunch of ass hats. Sony, while incompetent, could sue the party they licensed the software from for many of their wohs.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  7. Isn't that doubly illegal? by meringuoid · · Score: 4, Interesting
    They've simultaneously violated DVD Jon's copyright on his code, and (in distributing it in the USA) violated the DMCA to boot!

    Sony ought to be in some severely deep shit here. Of course they're a corporation, so they're mostly above the law, but we should still be able to get something to stick.

    --
    Real Daleks don't climb stairs - they level the building.
    1. Re:Isn't that doubly illegal? by jim_v2000 · · Score: 2, Insightful

      Sony will get a slap on the finger, if even that much. CD's aren't the only thing they sell, and really, for most people the whole rootkit thing doesn't matter. Heck, you still have to be pretty tech savvy to understand what the whole thing is about. I doubt this whole thing is on the top of Sony's list of issues...at least not for the company as a whole.

      --
      Don't take life so seriously. No one makes it out alive.
    2. Re:Isn't that doubly illegal? by Albanach · · Score: 4, Interesting
      Actually if the software came from first4internet and first4internet are based in the UK then this could be interesting.

      Under UK law copyright infringement is a criminal offence - in other words, report it to the police and they are obliged to investigate.

      So if the copyright holder were to let the police know of their concerns and supply some evidence, the company that authored the software could have an interesting visit.

  8. Sony isn't the only one to lambaste here by Gnascher · · Score: 4, Insightful

    Rember, Sony purchased the rootkit from first4internet. They wrote the software that is abusing the GPL.

    Most folks don't review the sourcecode of software they purchase to determine if its license-tree is clean.

    Sony definitely made a truly dumb move by utilizing this DRM software (and several other dumb moves subsequently), but lets not let First4Internet off the hook either.

    --
    It's not my fault! It was this way when I got here.
    1. Re:Sony isn't the only one to lambaste here by LiquidCoooled · · Score: 5, Funny

      1st4: "We have this super code which stops 'teh kiddies' from copying"

      Sony: "Cool, lets see."

      1st4: "Its already on, go ahead try and copy it"

      Sony: "Oooooooh, and they won't find it will they?"

      1st4: "Never. We are teh elite blackhats."

      Sony: "Ok be quiet about that one, when you you be ready to ship?"

      --
      liqbase :: faster than paper
    2. Re:Sony isn't the only one to lambaste here by l2718 · · Score: 4, Interesting

      Not quite true -- Sony is "distributing" the software as defined by the GPL. Moreover, the work was preformed by First4Internet as agents of Sony. These both seem to indicate they are liable. On the DMCA side, they are "trafficking" in an anti-circumvention device (assuming the software does actually activate the codepath in question).

    3. Re:Sony isn't the only one to lambaste here by mzwaterski · · Score: 2, Informative
      BZZBZZT! Thanks for playing.

      Is "intent" an element of copyright infringment? No.

      Do you have to register your copyright to claim damages? No.

      Confirming Source: http://www.copyright.gov/circs/circ1.html#cr

    4. Re:Sony isn't the only one to lambaste here by Gnascher · · Score: 2, Insightful

      My company uses software provided by Microsoft, Macromedia, Adobe, etc... All I know is we have licenses to these applications, and license to distribute anything we might create with these applications (where appropriate).

      Do you know if thier source trees are clean? One might suspect they are, even be pretty confident that they are ... but you just don't know for sure.

      --
      It's not my fault! It was this way when I got here.
    5. Re:Sony isn't the only one to lambaste here by schon · · Score: 2, Insightful

      For the purposes of this abuse of the LPGL, the owners and copyrights of material on the CD are irrelevant.

      No, they really aren't. The owners are relevant because only the owners have a cause of action. The copyright status is relevant because without registration, only actual damages can be obtained. As the software is given away *for free*, that means that actual damages are $0. The *ONLY* remedy that could be granted is an order barring Sony from distributing the software.

      The rights conferred by the LGPL apply between the recipient of the material and the distributor.

      Actually, that's irrelevant.

      They should have checked (yes I know that's hard, but copyright law doesn't care about "hard").

      Wrong, copyright law *DOES* care about "hard". Sony was expected to perform due dilligence. Due dilligence includes things like vetting the contract and license from First4Internet. It does not include things such as reverse-engineering the software and scanning the result against every piece of software in existance, which could also be dual-licensed, in an attempt to see if there might be a match somewhere.

      If you believe otherwise, please explain how Walmart, Best Buy, Amazon, and *EVERY OTHER RETAILER* that distributed these CDs are also not liable, as they distributed the software too.

      as a recipient of the software from Sony, your beef would be with Sony, not F4I.

      As a recipient of the software, you don't have a beef with *anyone*. Only the *authors* can bring suit for copyright infringement.

      Everything I posted is relevant to the issue at hand. You claiming "it's irrelevant" doesn't change that. All you're doing is showing your ignorance of copyright law.

      those people can obtain damages on the basis of sales already made.

      No, they can't. That's the whole point of my post. You can only claim *actual* damages unless you've registered your copyright. The actual damages in this case is $0.

      copyright exists whether registered or not.

      Copyright might exist (please show where I said it didn't) - but unless you register your copyright, all you can sue for is *actual* damages, which (in this case) don't exist.

  9. Re:PS3 vs. XBOX360 by meringuoid · · Score: 4, Funny
    I initially was going to wait for PS3 but now I am boycotting Sony and will be getting a 360 in a week or so.

    Dumping PS3 in favour of 360 because you think Sony's evil is kind of similar to dumping Saruman in favour of Sauron.

    Personally, I'm rather taken with that nifty new controller they're putting on the Revolution...

    --
    Real Daleks don't climb stairs - they level the building.
  10. Stranger and stranger by sgant · · Score: 4, Interesting

    This story get's weirder by the minute.

    Though it wouldn't happen in a million years, I'd like to think this will bring Sony to it's knees. It won't, but someone can dream.

    Not that I had anything against Sony in the first place, but since this crap they threw out there and expected everyone to just "take it", they need to be slapped and slapped often.

    They haven't even apologized yet. At least I haven't seen it. Though just saying "sorry" doesn't cut it anymore as thousands of computers are now vulnerable in the world due to their greed.

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    1. Re:Stranger and stranger by BushCheney08 · · Score: 5, Insightful

      Bear in mind that Sony will never say that they're responsible for it. After all, they merely licensed the copy protection scheme from First 4 Internet. While we all should (rightfully) be pissed at Sony for including this on a bunch of their CDs, we should be equally as pissed (or moreso) at First 4 Internet for their (L)GPL violations and for making this product in the first place.

      --
      Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
    2. Re:Stranger and stranger by A+beautiful+mind · · Score: 4, Insightful

      Isn't Sony the distributor, thus the violator of (L)GPL ?

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    3. Re:Stranger and stranger by replicant108 · · Score: 5, Insightful

      Sony will never say that they're responsible for it. After all, they merely licensed the copy protection scheme from First 4 Internet.

      Actually, Sony were responsible for distributing the software.

      That's why they're in trouble.

    4. Re:Stranger and stranger by harrkev · · Score: 4, Insightful

      I am not sure that I would come down too hard on Sony for this...

      The GPL violations lie firmly on the shoulders of F4I. If Sony did not disassemble the code or inspect the source, they had no way of knowing.

      We certainly CAN blame Sony for throwing crap DRM at us in the first place, and we can criticize their PR response to this whole mess. But we cannot blame them for GPL stuff.

      And as far as the uninstall fiasco goes, Sony did not write the software, so I am sure that they do not know how to remove it. They have to rely on F4I to supply the uninstall software. But, once again, it IS their fault that they did not pull the uninstall program earlier once the security holes had been found. But Sony is a corporation, with probably 1,000 layers of management, so even that is understandable.

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    5. Re:Stranger and stranger by BushCheney08 · · Score: 4, Insightful

      IANAL (nor do I ever want to be), but my guess would be that F4I would count as the initial distributor and Sony would be able to claim ignorance to get out of it (which is true -- I highly doubt they had access to the source code). Not to mention, they pulled the CDs from the shelves already, which they could say coincided with the revelation of copyright violations on the discs -- ie, immediate action was action. I'm not trying to defend them or their practices at all, I'm merely looking at it from a "who can be held accountable" point of view.

      --
      Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
    6. Re:Stranger and stranger by JustOK · · Score: 5, Funny

      It was Bush, wasn't it? I mean, he lied about the Windows Media Discs, didn't he? Or something?

      --
      rewriting history since 2109
    7. Re:Stranger and stranger by scoove · · Score: 2, Interesting

      Bear in mind that Sony will never say that they're responsible for it. After all, they merely licensed the copy protection scheme from First 4 Internet.

      Let Sony say that to the court, perhaps after hearing several hours of testimony from parents of minor children who had to settle with the RIAA (which Sony supports) for $10,000 or more for intellectual property theft actions of their children they were unaware of.

      Let's see... Sony and the RIAA estimate the value of a stolen tune at $105,000 or so, times the number of duplicated copies. Guessing Sony's latest DRM oops at only 50,000 copies shipped, that's 5.25 billion Sony owes to those whom they infringed. And don't forget, just as one can have more than one P2P file on a PC (at $105K value each), each party who was damaged by Sony's apparent theft should be entitled to a cut at these prices.

      And unlike the parents Sony and the RIAA chased down, Sony has deep pockets and a higher standard given their full knowledge through RIAA persecution that intellectual property theft is wrong.

      *scoove*

    8. Re:Stranger and stranger by bri2000 · · Score: 4, Insightful

      That sort of defence might work for, say, a magazine cover disc that inadvertantly included a virus but not here. The inclusion of this software will have been a big thing for Sony. They will have paid to license the code from F4I and deliberately included it in their products. For them to say they didn't know what it did or that it didn't work as believed it did is no more of a defence than it would be for a car manufacturer to claim it isn't liable for it's vehicles catching fire because this is caused by a faulty fuel pump made by somebody else. Sony may be entitled to an indemnity from F4I (although when a company has shown themselves to be this incompetent I wouldn't be at all surprised if Sony forgot to demand this...) but that's a different matter (and probably worthless given the size of the mess). Where damage has been done it's been caused by a Sony product. Therefore Sony are liable. The fact they don't seem to have bothered with any sort of due dilligence on the software they were licensing which caused the damage is no defence.

    9. Re:Stranger and stranger by cgenman · · Score: 5, Insightful

      Sony paid someone for a root kit to be secretly installed on people's machines. A root kit. You know, like paying a criminal to bug someone's phone. Sony damn well should have gone over that thing with a fine toothed comb, as it would have been trivial for First4Internet to get credit card numbers, access to bank accounts, corporate secrets, and anything else it wanted. Or, say, accidentally give access to that stuff to everyone in the world.

      All parties involved in an illegal activity are responsible for that activity. Sony is no different.

    10. Re:Stranger and stranger by LurkerXXX · · Score: 2, Insightful

      If you bought the radios out of a guy with a van who was selling them to you for $2 apiece, yes, you would be liable. That's because there would be good reason to suspect something might be up with them if that were the case. If you bought them from a seemingly reputable store at near-market value and had no other indications that they were 'hot', a court is not going to find you liable because there is no way for you to know that they are hot, and no reason to suspect they were. As much as I'd love to see Sony get a huge smackdown in the court for this (because they deserve it for putting in software that they had to know was hidden from you and that you couldn't remove) I don't know how you are going to prove that Sony should have had reason to suspect that the software the 3rd party company sold them was 'hot'.

    11. Re:Stranger and stranger by Generic+Guy · · Score: 5, Interesting
      ie, immediate action was action.

      Except after the initial exposure of this rootkit in their products, Sony bigwigs were on NPR radio broadcast saying essentially (paraphrased) "What they don't know won't hurt them". I'd certainly content that constitutes delayed action, and possibly collusion. Plus the factoids coming out that this rootkit may have possibly been distributed by Sony for over a year now.

      Regardless of who wrote it, Sony is still the one who deliberately distributed millions of CDs containing this malware. They should have done due diligence on their own product before shipping. They've supposedly stopped making CDs with XPC, but they haven't done any of the things a reputable company should be doing: Offering complete replacement discs (without foistware), coupons/credit for further Sony products ("Don't boycott our brand, please"), and promise not to abuse their actual customers again. Instead, they've done practically nothing (except some basic CYA by halting further production) and practically promised that they'll be trying this again in some form in the future. Hardly sounds like an 'innocent' party.

      Sony certainly deserves to get their collective ass handed to them. Its just a shame it will have to happen through lawsuits and consumer boycotts, as you'd think they would learn not to abuse their own paying customers. I guess not.



      P.S. Screw you Sony, your products, warranties, and service have been crap for years, but now I will actively avoid anything to do with you.

      --
      { - Generic Guy - }
    12. Re:Stranger and stranger by Sique · · Score: 4, Informative

      According to both LGPL and GPL the one you get the software from is the distributor. He is the one responsible for adhering to the licenses. He can of course sue his own software provider later, but for now it's Sony that distributed the programs.

      If Sony is providing the source code for the programs and restates that the software is unter GPL (thus giving you the right to modify and distribute your modification), then everything is fine between Sony and you though.

      There have been several similar cases in Europe about this, and in every case the GPL has been found valid, and the violation of the license has been considered healed, if the final distributor was able to get hold of the source code and distribute this one too under GPL.

      Check GPL v2.0 section 4:
      4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

      For Sony this means: They lost the right to distribute the Program, and they will be in violation of the GPL until they start to comply with the GPL themselves (e.g. distributing the source and allowing modifications and redistribution under GPL).

      --
      .sig: Sique *sigh*
    13. Re:Stranger and stranger by Urusai · · Score: 3, Insightful

      Walmart didn't hire those illegals, they just hired a company that employed illegals and made them live in the back of Walmart.

      Bush didn't lie to the world, the CIA just enhanced a couple of reports with speculatively extrapolated contingency scenarios.

      Satan isn't responsible for the fall of Man, Eve was the one who gave Adam the fruit.

      Sony...naw, Sony is as pure as a freshly powdered baby's bottom.

    14. Re:Stranger and stranger by BarryJacobsen · · Score: 2, Funny

      Plus the factoids coming out that this rootkit may have possibly been distributed by Sony for over a year now.
      ---
      If you are alleging that Sony knew that the malware contained LGPL code since 1994, please provide a source.


      Not trying to nitpick or anything here, but you should check a calendar.

    15. Re:Stranger and stranger by jbolden · · Score: 2, Informative

      The problem with you analysis is that Sony didn't just use the software but rather copied and distributed it themselves. Now clearly Sony could argue that they had no intent to violate copyright law and thus damages should be small or nil but they cannot argue that they didn't violate it. They copied distributed a copyrighted piece of software without the holder's permission to do so, they are guilty.

    16. Re:Stranger and stranger by mrsev · · Score: 2, Interesting

      IANAL but ....

      I do not think it matters who wrote the code in the first place. Sony sells the code and so has the responsibility...simple as that. In the same way that if i buy a PS3 and the disc drive is broken SONY cant tell me to take it up with Toshiba or whoever makes the drive. They sold it and they must deal with the consequences. They themselves are free to take it up with their supplier but this up to them.

      Imagine you buy a car and the brakes fail the maunfacturer cant avoid liability by saying that it is the fault of the guy who refined the steel and that i should take it up with him.

      If it was the case that guilt could be passed down the line then all drug dealers would go free by saying it wasnt my fault you should prosecute the Afgan farmer who planted the poppies, I am merely "passing" it along.

      It does not matter who is at FAULT it matters who is RESPONSIBLE.

    17. Re:Stranger and stranger by AgentGibbled · · Score: 4, Interesting

      "but they haven't done any of the things a reputable company should be doing: Offering complete replacement discs (without foistware), coupons/credit for further Sony products ("Don't boycott our brand, please"), and promise not to abuse their actual customers again."

      Actually, it appears that they *do* plan to offer replacement discs. I tried to post this to the main page (a fairly significant development, IMHO), but alas it was rejected. In other news, Mark Russinovich is declaring victory as a result.

      I'm not saying that makes everything okay... I'm just saying that they're not being *total* jerks about this (just *partial* jerks). I expect we'll see more of a response out of Sony once that large bureaucratic ball eventually does get rolling. In an organization the size of Sony, I'd bet it has quite a lot of intertia.

      And no, I won't be buying any more Sony CDs... or probably anything else - just on principle.

    18. Re:Stranger and stranger by AlphaSys · · Score: 2, Insightful

      You're of course assuming SONY didn't do the due dilligence and decide to go ahead anyway. They may have known but decided "hey it's binary AND it's hidden. Nobody's gonna find it, and if they do, they'll be so pissed about what it does they won't even worry about what it used to do it. Seriously, if somebody finds us out, we'll have bigger problems than the (L)GPL." Which they do, only it's with two parties: the infringed against (separate problem, really GPL has nought to do with it) and the very pissed off and seriously impacted customers. There are two massive and divergent cases here, and SONY deserves everything it gets with both of them.

      --
      Can I bum a sig? I left mine at the office.
  11. Wow. Just WOW. by iainl · · Score: 5, Insightful

    From the Sony binary file:

    "pbclevtug (p) Nccyr Pbzchgre, Vap. Nyy Evtugf Erfreirq."

    ROT 13 it, and you get

    "copyright (c) Apple Computer, Inc. All Rights Reserved."

    You couldn't make it up, could you?

    --
    "I Know You Are But What Am I?"
    1. Re:Wow. Just WOW. by iainl · · Score: 5, Informative

      The string is there because it's part of DVD Jon's code for stripping the DRM out of iTunes files, but yes - it's there all right. Matti Nikki points out the relevant offset in the article.

      --
      "I Know You Are But What Am I?"
    2. Re:Wow. Just WOW. by Sam+H · · Score: 5, Informative

      I have to make sure everyone understands why this string is here. To be fair with Sony (or whoever they mandated), it is not an attempt from them to hide the code theft. Rather, it is an attempt by Apple to prevent not only code theft but also clean-room reimplementations.

      Apple's encryption scheme includes the generation of a key. The important parts of this key come from the machine's unique hardware information. But to prevent (at least that's my only plausible explanation for it) people from reimplementing the scheme by using the same information, they also add this copyright string to the key generation. Reimplementing their protocol means the string has to be used.

      We just store it ROT13'ed in VLC because it would be confusing to have an Apple copyright in our code. Although technically the string itself is created by Apple, it is too short to qualify for copyright.

      --
      God, root, what is difference ?
    3. Re:Wow. Just WOW. by iainl · · Score: 4, Interesting

      I thought that was roughly the case, thanks for confirming it. Sorry about saying it was just Jon's and forgetting about the rest of the team, too.

      So, quite apart from the fact they've stolen your code, the question now is:

      Why does Sony's DRM include code to break Apple's DRM? Are they just scanning for evidence that your code is running, staticly built the library because they were stealing some other aspect of your program, or do they actually want to decrypt Apple files?

      This story just gets stranger.

      --
      "I Know You Are But What Am I?"
    4. Re:Wow. Just WOW. by Sam+H · · Score: 5, Insightful
      Why does Sony's DRM include code to break Apple's DRM? Are they just scanning for evidence that your code is running, staticly built the library because they were stealing some other aspect of your program, or do they actually want to decrypt Apple files?


      It is likely that they are not using VLC's code but some other, smaller application that just happens to use our code (and which may or may not respect the GPL itself -- there may be unknown intermediaries in the story). The drms.c file is part of VLC's MPEG-4 / QuickTime demuxer, so it could be a music player or a media tagging utility, for instance.
      --
      God, root, what is difference ?
  12. Contest by saskboy · · Score: 4, Funny

    I think the EFF should dream up a contest, and the most crazily ironic story involving DRM, copyright, and the law would win a prize.

    Oh, too late! Sony already wrote the best story, and it's actually happening before our eyes! Truth is stranger than fiction. And Sony wins many massive lawsuits. Err, I mean they lose them, the prize is they get sued.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  13. Re:PS3 vs. XBOX360 by wpiman · · Score: 5, Funny
    Who is more evil now? Sony or Microsoft?

    Sony.....
    Microsoft

    Man- this is a tough one.

  14. Oblig Simpsons by Snamh+Da+Ean · · Score: 5, Funny

    DVD Jon's Code In Sony Rootkit? "The ironing is delicious".

  15. First4Internet could be in BIG trouble. by meringuoid · · Score: 5, Interesting
    The Computer Misuse Act, 1990

    3.(1) A person is guilty of an offence if
    (a) he does any act which causes an unauthorised modification of the contents of any computer; and
    (b) at the time when he does the act he has the requisite intent and the requisite knowledge.
    (2) For the purposes of subsection (1)(b) above the requisite intent is an intent to cause a modification of the contents of any computer and by so doing
    (a) to impair the operation of any computer;
    (b) to prevent or hinder access to any program or data held in any computer; or
    (c) to impair the operation of any such program or the reliability of any such data.

    I think First4Internet's little toy is designed to prevent or hinder access to programs and data held in a computer, don't you? And I really doubt that their click-through EULA constitutes authorisation to do so; it was fraudulently claimed that the Software was necessary to play the music, which was a plain lie as is shown by every Linux and Apple machine that plays it just fine without the rootkit installed.

    I might add that even though these discs are not available in the UK, the Computer Misuse Act still holds.

    Anyone know if we could possibly get Inspector Knacker to take a look at these felonious fellows?

    --
    Real Daleks don't climb stairs - they level the building.
    1. Re:First4Internet could be in BIG trouble. by meringuoid · · Score: 2, Insightful
      Are we certain they weren't available in the UK? Check out the map Dan Kaminsky did of the rootkit's detected prescence in Europe. The UK's almost solid red, indicating that the rootkit is most abundant there.

      I question the methodology. As far as I can tell, he's reporting which DNS servers have resolved queries for First4Internet. And he's doing it after the scandal has been all over the online news sites, all over the blogosphere and links to First4Internet's sites posted in a couple of dozen +5 comments on /.

      I'd be surprised if there was a DNS server left on earth that hadn't recently handled a query for First4Internet by now.

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:First4Internet could be in BIG trouble. by Maestro4k · · Score: 3, Interesting
      I question the methodology. As far as I can tell, he's reporting which DNS servers have resolved queries for First4Internet. And he's doing it after the scandal has been all over the online news sites, all over the blogosphere and links to First4Internet's sites posted in a couple of dozen +5 comments on /.

      I'd be surprised if there was a DNS server left on earth that hadn't recently handled a query for First4Internet by now.

      I think the methodology is sounder than you think, the info on his page seems to indicate he didn't go by resolutions for just any F4I addresses but for addresses the rootkit used, particularly he mentions updates.xcp-aurora.com, something curious/outraged people aren't likely to try resolving for the hell of it.

      In any case it's worth investigating, notice that not all of Europe is covered in red, although I'm sure the scandal has been reported there as well. There's a good possibility here that Sony has sold the CDs in the UK, and frankly it should be investigated because Sony deserves to be nailed with every law they violated for this little stunt.

      Besides, has Sony ever released a list of all affected CDs yet?

  16. Good news! by Sam+H · · Score: 3, Funny

    Not that I could not before, but I can now copy and download all the Sony CDs I want without fearing a lawsuit. They apparently don't care about intellectual property.

    --
    God, root, what is difference ?
  17. I can't help, and I know I'm not the only one.... by HerculesMO · · Score: 2, Interesting

    laughing my ass off. I am sitting at work reading this and busting out in laughter. Granted, I can't explain this idiocy to near anybody at work and it's a totally 'nerd' joke, but you know what... it's DAMN funny!

    --
    The price is always right if someone else is paying.
  18. Is it actually using the code? by 91degrees · · Score: 3, Insightful

    It could just be using extracts to identify the software. I mean, why would they want LAME and DeCSS on their CDs? They have no use. We don't need an MP3 encoder because any compressed copies will be already encoded in a DRM format. They really don't need to decode iTunes songs.

    If these are small segments, used for identifying and diabling the software, then the copyright defence could be fair use. And there's no way I'll say that copyright shoudl prevent this.

    1. Re:Is it actually using the code? by muzzy · · Score: 3, Informative

      It indeed doesn't make much sense to include all these things there. Most likely, they just stole some bigger piece of code and got all the little features as an extra bonus. That'd be the most simple explanation, anyway, and it'd make sense too.

      These pieces are definitely not for identifying or disabling software, they're linked into the executables just like all other libraries normally are. There are execution paths throughout the thing. I was just able to find an execution path from a function that has a string "CDXCP3" to the DeDRMS code. I'd say this first one is XCP specific, although it'd take more research to find out how exactly the code uses this stuff.

      Reverse engineering takes times, especially since I don't have access to latest and greatest commercial tools that exist for tasks like this. The only reason this stuff is staying unanalyzed is because the protection is used on a CDs that very few computer experts would ever buy. Or at least I wouldn't :)

      --
      -- Matti Nikki
  19. Is the DVD Jon code executed? by logicnazi · · Score: 4, Interesting

    So I looked through the links and while one of the discoverers made it quite clear that the LAME code is not being used as data (never refereced). However, it was unclear to me if that was true for the DVD Jon code.

    I mean the DVD john code seems like exactly the sort of thing one might want to search for on someone's computer to stop pirating. If indeed it is used only to identify the code it may be covered under fair use. It's an interesting legal question that I vaguely remember came up in virus/worm/spyware cases. Namely can a malware writter use some kind of simple code modification method to foul up simple hashes and then insist his copyright prevents anti-virus manufacturers from including large enough parts of the malware code to accurately detect it.

    It might not be pleasent but if it's fair for the good guys to use code under fair use for detection then the bad guys get to do it as well.

    Which reminds me I don't even remember the legal status of this DVD Jon code in the US. Is it illegal under the DMCA? Does this deny it copyright protection or a different measure.

    --

    If you liked this thought maybe you would find my blog nice too:

    1. Re:Is the DVD Jon code executed? by muzzy · · Score: 3, Informative

      I can confirm that there exists an execution path between XCP code and DeDRMS. However, navigating executables isn't like using road maps, so I have no idea under which conditions this execution path activates. It exists, however, which means the code really uses it directly or indirectly. Now it's up to the data flow to determine when it gets triggered, and analyzing that will take longer...

      --
      -- Matti Nikki
    2. Re:Is the DVD Jon code executed? by logicnazi · · Score: 2, Interesting

      If you had looked at my post hard enough you would have seen I said the LAME code was never used as *data*, i.e., over code never reads the area of memory the LAME code resides at. I said nothing about it not being executed.

      Anyway I made no claim that Sony would be okay with you acting as described. Luckily Sony is not the court. Of course the courts aren't stupid so they aren't going to believe that your huge library of music is really being used and necessery for recognizing songs you come across. If you kept the music in some non-playable (without difficult extraction) form (maybe pre-processed to match against snippets) the situation might be different.

      The question is not about the non-execution. I tend to agree this is not itself legally relevant. The question is whether using someone else's copyrighted work for the soul purpose of recognizing that work when it appears counts as fair use. The fact that it is not executed is only relevant insofar as it supports the idea that it is being only used to regonize the work.

      Frankly I don't know, though I think there have been some cases about it. If you had some legal grounds for your conclusion I would love to hear them but it isn't the sort of thing one can just intuit without knowing anything about it.

      --

      If you liked this thought maybe you would find my blog nice too:

  20. Thank you, Sony! by Stormwatch · · Score: 4, Funny

    This is like watching a comedy movie, except I didn't have to pay for a ticket!

    (wait, does it mean MPAA will come after me?)

  21. Sony's apology by RandoX · · Score: 5, Informative

    Get it here.

    1. Re:Sony's apology by xnderxnder · · Score: 2, Interesting
      For a good giggle, check out F4I's press release from July:
      Welsh DRM technology is a hit in the US


      "Ultimately this kind of retro-fitted digital rights management (DRM) can only place speed bumps in the way of determined audio pirates ..."


      Um, yeah, the determined audio pirates that leave AutoRun turned on on their CD-ROM drives.

      Oy.

      --
      hooked up funny
  22. Soon to come by Anonymous Coward · · Score: 3, Funny

    press releases here stating:
    * First4internet loses Sony BGM as customer
    * First4internet cancels XCP development
    * Due to First4Internet's huge liability claims, First4Internet closes its doors
    ...
    * First4Internet bought by Microsoft
    ...
    * Profit ?

  23. I'm beginning to wonder... by eth1 · · Score: 2, Insightful

    ...if some clever programmers at First4Internet with an agenda did this on purpose.

    It was obviously a golden opportunity to bring the whole DRM BS to a head.

    If that's the case, bravo!! :)

  24. Ah, but who put it there? by mustafap · · Score: 4, Funny


    I assume that some grey, suited MBA type didn't put this code in. A geek did. Following on from that, they are almost certainly slashdot readers....

    Does anyone have something they would like to tell us? ;o)

    --
    Open Source Drum Kit, LPLC deve board - mjhdesigns.com
    1. Re:Ah, but who put it there? by Nqdiddles · · Score: 2, Funny
      Does anyone have something they would like to tell us?

      I like wearing stockings...oh shit, am I off topic?
      --
      And that kids is how I met your mother.
    2. Re:Ah, but who put it there? by canuck57 · · Score: 2, Interesting

      I assume that some grey, suited MBA type didn't put this code in. A geek did.

      The grey suited MBA paid for it to be done and the geek did what he was paid to do. And obviously Sony BMG marketing would have to approve as it is a change in their product. Legal would have been involved to license the code. Upper management would either have to put their heads in the sand or approve it.

      I don't know what world your from but geeks don't have a rats ass of influence with senior management. If a brain dead CSO looked at this he might have said it may be in violation of section 1030 of the Computer Fraud and Abuse Act, targeted paying customers and may contain copyright violations.

      Conspiracy to subvert users who buy their product is likely. But this story is so ironically cute and humorous it will go down in the business journals like coke classic and the like. Sony will wait 6 months and when sales are down come out with DRM free classic CDs.

  25. Re: Digital Camera Code by briggsb · · Score: 4, Funny

    I wonder if it's the same code they used in their digital camera rootkit.

  26. To understand recursion ... by AnriL · · Score: 4, Funny

    ... one must first understand recursion.

    Sony uses rootkit to enforce DRM which incorporates code to circumflect DRM and thus can sue itself under the DMCA. C'mon! If this gets any more convoluted or self-referential, either the universe will explode (and be replaced with something even more complicated) or Sony will disappear in a puff of logic.

  27. pissing contest. by leuk_he · · Score: 2, Insightful

    You buy a cd from sony (or an artist...), not from some spyware compagny. And if f4internet blaimes 1 roque employee, will you accept that as a defense?

    No this is far beyond a "vote with your wallet" story. sony BMG broke some laws they though were important for their business model, and now they should bleed for it.

    1. Re:pissing contest. by KinkoBlast · · Score: 4, Interesting

      Does that meen Best Buy and Wal*Mart (and local music stores, not that I even know where those are) are (L)GPL violators too? They distributed the CDs...

  28. So let me get this straight... by acidblood · · Score: 3, Funny

    When some cheapskate downloads copyrighted MP3s from a P2P network, it's `copyright infringement', but when Sony uses GPL'd code it's `stealing', right?

    --

    Join the NFSNET. Our prime goal is making little numbers out of big ones. http://www.nfsnet.org/

    1. Re:So let me get this straight... by Slashcrap · · Score: 2, Insightful

      When some cheapskate downloads copyrighted MP3s from a P2P network, it's `copyright infringement', but when Sony uses GPL'd code it's `stealing', right?

      It' actually quite simple. Those of us who weren't exposed to too much lead when we were children are able to work it out with only minimal thought. Here's how it goes :

      Downloading a commercial mp3 = unauthorised copying = copyright infringement.

      Downloading a commercial mp3, claiming that you recorded it and then selling it to others = theft.

      I realise that I haven't directly mentioned software, GPLed or otherwise and that you will therefore have to put some thought into how the above rules might apply. That should keep you occupied for a couple of years during which you won't be able to earn cheap karma by parroting tired old comments that we've already seen a million times before. If we're lucky, you may even develop some original thoughts that you can share with us.

  29. Tomorrow's headline by Slashdoc+Beta · · Score: 5, Funny

    SCO Unix source code found in Sony Rootkit. I wish.

    1. Re:Tomorrow's headline by hellraizr · · Score: 2, Funny

      It is, example:

      #include

  30. Dear Santa, by ds_job · · Score: 4, Funny

    I have been good for most of this year and I am willing to give up any claim I might have on a scalextric or video game if you could only make this /. story be true.
    Yours,
    Dave Smith
    (Aged 34)

    Right you lot. I've done my part now it is down to you to ask for enough money to prosecute this imbeciles so that they don't do anything quite so stupid again.

  31. My god, at this rate SCO code will be found next by icecow · · Score: 5, Funny

    My god, at this rate SCO code will be found next

    --
    Stop invalid scientific research. Ask your local scientists to feed their lab rats with a phytoestrogen-free chow.
  32. Sony VAIOs by Anonymous+Writer · · Score: 3, Interesting

    Does anybody know if Sony pre-installs this rootkit in the computers they sell? I thought their laptops were good products, and normally would be among my choices if I were to get a new one (slight possibility I may want to get a Windows laptop), but this whole rootkit thing changes that. If they so blatantly forced it onto people's computers through music CDs, even trying to on Macs, then I don't imagine they would have any qualms about forcing it onto their computer buyers as well.

  33. The day the music died (err was killed by Sony)... by Thud457 · · Score: 5, Informative
    Sony CDs banned in the workplace

    I've been chasing down several accounts of government agencies, companies, educational institutions and others banning the use of Sony CDs on their PCs, due to the security risks of having Sony's rootkit DRM infecting their PCs. One government ministry, Alberta Agriculture, has banned the use of music CDs altogether, since Sony is hardly the only music company crippling its CDs with sneaky, malicious software. Here are a couple examples:

    It has been brought to our attention that there is significant risk to the security and the operation of UC computers in using Sony BMG produced CDs. For this reason, the use of Sony BMG produced CDs in University of Canberra computers is prohibited.

    Here I thought this would only happen for "secure" workplaces. Sorta makes you feel sorry for SCO, they can't get anyone to even look at the crazy they're selling when Sony's got such a superior line of insane self-destructiveness.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  34. Mainstream spin by resprung · · Score: 4, Informative

    Didya notice... the spin that - possibly - Sony has managed to put on the story

    CNN Europe and other mainstream media providers carried it like this:

    The trouble with the Sony software is that it makes your computer VULNERABLE TO VIRUSES.

    The mainstream spin is that the Sony software just opens the door to the bad guys. The word "rootkit" is not offered.

    It makes out as though Sony blundered and issued some insecure software, and how big a deal is that?

    This story deserves to grow and become a defining moment, but there's a long way from the tech community to the mainstream media.

    --
    Now is the winter of our disco tent
  35. Tell sony what you think by tezbobobo · · Score: 2, Informative
  36. Re:The day the music died (err was killed by Sony) by bhtooefr · · Score: 2, Interesting
    We've banned copy protected music CDs...
    It has been reported that music CDs released by Sony BMG contain a so-called rootkit, a tool that is normally meant to hide a backdoor, a tool used by hackers so that they can break in at a later time. Some viruses contain a rootkit so that they can hide themselves.

    This particular rootkit is used to hide the Digital Rights Management software used by Sony BMG to prevent illegal copying of their CDs. However, several security experts have found that viruses and backdoors can easily be hidden using this rootkit. This rootkit also has been known to cause systems to crash. In addition, attempting to remove the rootkit by deleting the files will cause your CD drive to be disabled.

    Due to this finding, we must ask that you not play any copy protected music CDs in any ***** ******* computer at this time. If you are not sure whether a CD is copy protected, do not play it. In addition, we recommend not playing copy protected music CDs, especially those released by Sony BMG, in your personal computers.

    If you would like to find out whether your system has been infected by this particular rootkit, please follow these directions:

    1. Create a new folder somewhere on your hard drive, naming it test (without the quotes).
    2. Make sure that the folder is there, and then rename it to $sys$test (again, without the quotes).
    3. If the folder disappears, you have the rootkit. A removal tool is available at: http://securityresponse.symantec.com/avcenter/FixR yknos.exe

    Again, thank you for assisting our efforts in preventing the spread of this rootkit.
  37. Re:No-one truly cares though by TheWormThatFlies · · Score: 5, Insightful

    Look, it's very simple: people are kicking up a fuss about this because it is hypocritical for Sony to maintain its anti-copyright-infringement stance, and attempt to take the moral high ground in this regard, if Sony itself is infringing copyright left, right and centre.

    If a politically powerful, fanatical anti-drug campaigner who constantly lobbied for pot-smokers to be thrown in jail for years and fined huge sums of money were caught smoking pot, I would not be surprised to see large numbers of people demanding that he be thrown in jail and fined millions, in keeping with the laws that he himself helped establish, even if they were pro-legalisation activists who firmly believe that the laws are unjust.

    It is a challenge to the legal system to treat everyone equally under the law, and thus either apply an unfair, draconian law to everyone, including powerful parties who have previously used the law against their enemies, or to concede that the law is unfair and change it.

  38. And BTW... by Pakaran2 · · Score: 4, Informative
  39. Very Dangerous Reasoning by isn't+my+name · · Score: 4, Insightful

    IANAL (nor do I ever want to be), but my guess would be that F4I would count as the initial distributor and Sony would be able to claim ignorance to get out of it (which is true -- I highly doubt they had access to the source code).

    You know, I think that this does make sense. However, this is a very dangerous line of reasoning. If you let Sony get off with no consequences for distributing stolen code, then you will never be able to prosecute any big corporatio for code copyright violations.

    All a mega-corp need do is find a small, arms-length firm to launder the stolen code. Let that small firm actually steal it and then hand it on a silver platter to the mega-corp. If the mega-corp is caught, the small firm takes the hit and disappears in a puff of bankrupcy. Then mega-corp goes on to the next small firm.

    If Sony truly didn't know about this, then they probably should not be liable for any statutory damages. However, they did distribute the code--which is technically a violation. Sony should be the one accountable for that violation and Sony should be able to sue First4Internet--unless of course First4Internet's license with Sony includes the standard indemnification clause like we see in most EULA's. In that case, Sony will be hoisted by their own petard--and it couldn't happen to a nicer group of people.

    1. Re:Very Dangerous Reasoning by lpevey · · Score: 4, Informative

      Product liability law is a bit different from standard negligence law. If liability can be attached, the law specifically allows claimants to recover damages from any part of the supply chain, not just the manufacturer or original supplier. I.e., even Best Buy could be held liable. This common law feature is called strict liability of torts, I think, and probably evolved to prevent passing of the buck.

    2. Re:Very Dangerous Reasoning by vinniedkator · · Score: 4, Interesting

      IANAL, but: I've often had to have vendors go through a code review when implementing custom applications in our network. You would think that Sony would require the same thing when putting software like this on millions of CDs. If they did have a policy they should be liable. If they didn't then they are morons for accepting software at face value that goes on their most important product.

      --
      WARNING: WE HAVE NOT CONDUCTED A FELONY-CONVICTION SEARCH OR FBI SEARCH ON THIS INDIVIDUAL.
    3. Re:Very Dangerous Reasoning by Krach42 · · Score: 2, Interesting

      The problem is that you *are* responsible for copyright infringement on code that you receive. It's the same thing as with stolen goods.

      To draw a more potent example (because it's known that the code in this case is active, and not possibly "just a fingerprint"), it is entirely plausible that Geico would be liable for the programs they received from MXS. And they're just a customer using the stoftware! They're not even involved in the development. Another example is that every linux user would potentially be liable if Linux were to be found to contain code that SCO owns the copyright for. (Thus, the reason for indemnification, etc)

      Basically, the issue here would be that Sony did not take due dilligence to ensure that the code provided to them were unencumbered. And you better believe that F4I will attempt to show that they *did* notify Sony of any encumberances, at which point Sony would be screwed, and F4I would be fine, because they complied with the (L)GPL, and Sony failed to redistribute properly.

      Ignorance has never been an excuse of receiving stolen goods, or receiving infringing copyrighted material.

      In this case, Sony would be working much like a fence. They would take the directly stolen code (and thus not at fault for the actual theft) and then they would peddle it out (accessory, plus some more extra stuff, like selling stolen goods.) So if anything, Sony is at least equally guilty of any infringement that F4I did on their behalf. ... IANAL, but this is what the law says.

      --

      I am unamerican, and proud of it!
  40. Re:PS3 vs. XBOX360 by at_slashdot · · Score: 4, Funny

    "Who is more evil now? Sony or Microsoft?"

    Microsoft installed more rootkits: Windows XP.

    --
    "It is our choices, Harry, that show what we truly are, far more than our abilities." -- Prof. Dumbledore
  41. Re:PS3 vs. XBOX360 by xmodem_and_rommon · · Score: 3, Informative

    You might care about PS3's DRM. Apperently Sony is trying to figure out a way to prevent used games from being played on it. And they are apparently working on preventing you from playing your games on any other system than your own (so you can't take your game to a friends place and play there). SCEA is just as scummy, greedy and paranoid as Sony Music is.

    Sony stated that they did not intend to use the patent they filed on this for the PS3.

  42. Re:PS3 vs. XBOX360 by tomstdenis · · Score: 2, Insightful

    You didn't really address my point at all. You said that punishing SCEA does not make sense, because Sony Music is a different division. I beg to differ, they are both part of the same corporation.

    Ok, I have friends who work at SCEA. You want to punish them? The idea to use f4i DRM wasn't theirs [fuck they don't even work for Sony Music].

    So by your logic we should punish everyone by association. I can think of another group that did that. They were called Nazis :-)

    [sorry Godwin...]

    Point is if you think this is bad don't buy Sony Music. If you think PS3 DRM is bad don't buy Sony gaming products. But don't just punish one group because another did something else.

    And really, you should actually talk with sony folk. They may be under the same parent company but when you get down to the day-to-day work SCEA and Sony Music are different groups with different products and different goals.

    As for the moral superiority of MSFT that the original post was suggesting [e.g. do I get 360 or ps3] this alone shouldn't be a deciding factor.

    Pick whichever has the better games [for your taste] and fits in the budget.

    Tom

    --
    Someday, I'll have a real sig.
  43. Re:No-one truly cares though by 99BottlesOfBeerInMyF · · Score: 4, Insightful

    I'd say that at least a third of the population condones non-commercial copyright infringement... The point is, when an act is accepted by a significant proportion of the population, chances are that act is ethical

    So obviously Sony (or the company that wrote the code if you want to get pedantic) is right to have infringed upon DVD Jon's code.

    How is this copyright infringement non-commercial? It was done for profit by an organization whose stated goal is to make money.

    So it all comes down to slashdot isn't the place to go to if you want to hear intelligent debate about copyright laws.

    True enough, but only because there are so many people like you don't seem able to comprehend the arguments put forth. A significant number of people infringe copyright non-commercially and that indicates that the will of the people might be that it should be legal. A significant number of people do not commercially infringe copyrights or condone it. I'd agree with that argument, as would many people. But to claim it is hypocritical is ridiculous. It is called a false dichotomy. There is no hypocrisy in believing that non commercial copyright infringement should be legal, but commercial should be illegal. There is no hypocrisy in believing our copyright system is corrupt and counter productive, but still believing a copyright system that is better designed can be useful. There is no hypocrisy in believing business and software patents are garbage, but traditional patents are a good idea. There is no hypocrisy in believing Toyota makes reliable cars but Ford does not. Please take the time to actually read and understand an argument someone puts forth before declaring them a hypocrite and ascribing a whole lot of motives to them, even though you obviously have no way of knowing them.

  44. Let's go to the police! by Arend · · Score: 2, Informative

    Did you know copyright infringement is a crime?

    Well, it is.

    Or at least, it should be in all countries that singed the TRIPs agreement. It says so in article 61:

    http://www.wto.org/english/tratop_e/trips_e/t_agm4 _e.htm

    --

    SECTION 5: CRIMINAL PROCEDURES

    Article 61

            Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. In appropriate cases, remedies available shall also include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence. Members may provide for criminal procedures and penalties to be applied in other cases of infringement of
    intellectual property rights, in particular where they are committed wilfully and on a commercial scale.

    --

    So, commercial copyright infringement, as is obviously the case here, is to be regarded a criminal offence in all countries that signed the TRIPs agreement. And if it is a criminal offence, the government is responsible to take the offender to court and throw him in jail should he be found quilty!

    All you gotta do is go to the police and hand over all evidence you can find regarding this alleged crime. Then the police should start investigating in order to bring these criminals to justice!

    This is great! This is the key to enforcing the GPL globally without having to be the author or copyright owner of the code of which the copyright has been violated. That's the beauty of criminal offences. These are prosecuted by the government on behalf of the public.

    Let's take a look at what I could find on this in the US law, since these disks have been sold in the US, haven't they?

    What I found out is that -- for me -- over the ocean, they have the "Anticounterfeiting Act of 2004":

    http://www.publicknowledge.org/issues/hr2391

    "Provides penalties and jail sentences for trafficking in "counterfeit labels, illicit labels or counterfeit documentation or packaging" of records, software, movies, etc. The original bill also provided penalties for filing false information with Internet registrars, but that portion wasn't picked up in the omnibus. Passed the House Sept. 21, 2004."

    As far as I can see, this is the law text that applies and apparantly is in act:

    http://www.law.cornell.edu/uscode/html/uscode18/us c_sec_18_00002318----000-.html

    --

    TITLE 18 > PART I > CHAPTER 113 > 2318 Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging

    Release date: 2005-08-03

    (a) Whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in a counterfeit label affixed or designed to be affixed to a phonorecord, or a copy of a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program, shall be fined under this title or imprisoned for not more than five years, or both."

    --

    "or a copy of a computer program"

    Looks like those criminals copying GPLed software can be sent to jail!

  45. Re:My god, at this rate SCO code will be found nex by shking · · Score: 3, Funny

    According to this they're already looking into it

    --
    -- "At Microsoft, quality is job 1.1" -- PC Magazine, Nov. 1994
  46. Here is the difference by donscarletti · · Score: 5, Insightful
    When some cheapskate downloads copyrighted MP3s from a P2P network, it's `copyright infringement', but when Sony uses GPL'd code it's `stealing', right?

    There are many types of copyright violations with very different types of severity:

    The first type is when someone goes out and downloads a song, lets say "...And Justice for All" by Metalica they have simply avoided paying for it by getting it through illegal means. This does not equate to any directly measurable loss of revenue because when the effective price of something is lowered, people are more likely to get it. Thus it is not only likely that someone would not have bought the CD if the pirate mp3s were not available, but it is actually more likely than not. This is of cause not a wholly moral practice, but it is cirtainly not as bad as many other evils that exist in society today. These are the infractions that occur on Kazaa and the ilk.

    The second type of infraction is where one duplicates the media on which intellectual property is contained and sells it themselves at an actual monitary price. This is very different since there is a very obvious minimum bounds of loss of revinue caused by this which is of cause the markup on the pirated media. Motivation also changes in this type since there is a very clear misdirection in the chain of money where the pirate gets a clear financial benifit wheras they recieve none in the first set. This type of violation is criminal in most juristictions whereas the first type is wholly civil.

    The third and most severe case is where intellectual property is rebranded and its credit is misappropriated to another party. This historically has been a result of industrial espionage but today, open source software is very vulnarable to it. This is equivalant to the Kazaa casual pirate claiming that they wrote "...And Justice for All". It means that not only does the pirate get the profit for the sale of the intellectual property instead of the legal creator, but those who are convinced to use this thing in future by seeing the rebranded thing will never go to the real author to get a copy for themselves. In either of the previous two types there is a likelyhood that the author will eventually get money or whatever they are looking for (usually an ego boost in the case of OSS) but in the third type this is not the cause. This is a far more thorough missapropriation of this IP and thus the term "stealing" is far more appropriate.

    The reason that these three types are so neatly ranked is that as you can see, each one is a subset of the type before. Not everyone gets annoyed by violations every layer since OSS doesn't mind first or second type occuring but hates the third kind. SUN doesn't mind the first type occuring but hates the second and third with Java. Public domain doesn't mind any of the three. But no one will let one layer slide that is above something that annoys them.

    This case with sony is clearly not a third type violation (which I would call stealing) but is a second type (which I would call piracy) since Sony did not claim to write this software or even advertise its existence. The GPL says you can do second type scenarios on the condition that you distribute the source code. Sony redistributed this IP for money but did not distribute the source code AFAIK so they voilated the rules on this level. This puts them on par with sleezy bootleg vendors on street courners and ebay pirate CD vendors but significantly worse than some kid downloading Nelly mp3s off Kazaa and significantly better than the jerks behind CherryOS.

    So there you have it, why downloading some dumb pop song off the internet isn't as bad as taking credit for someone elses hard work and making millions of dollars off it and why sony are half way in between on this one.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
  47. DVD Jon works for Robertson by One+Louder · · Score: 2, Interesting
    DVD Jon now works for Michael Robertson, a multimillionaire with a pretty big grudge against the music publishers.

    Robertson might be interested in bankrolling Jon in any litigation against Sony.

  48. Re:The day the music died (err was killed by Sony) by imadork · · Score: 2, Interesting
    The RIAA has never liked the fact that audio CD's could be used in PC's, because PC's are used to convert the audio CD tracks to MP3. This whole Rootkit thing was a way to make it harder for people to use their CD's on a PC, while not affecting their use in CD players, which is where God (working through the RIAA) intended for them to be played in the first place.

    Don't you think they're celebrating now that using audio CD's in PC's is a security risk? I'm suprised they haven't done this sooner. Pretty soon, we'll be asking for Trusted Computing because because it will protect us from oursel^h^h^h^h^h^h the security risks inherent in unsafe CD playing....

  49. Paging US Attorney General Alberto Gonzales by tengu1sd · · Score: 2, Funny

    What will you bet that stiffer penalties only apply to you and me. Corp-Rat entities will never see the stiff end of the stick.

  50. what is even by suezz · · Score: 5, Insightful

    sicker is that apparently the companies that we rely on for getting rid of root kits knew about the software since 2004 and did nothing. good going guys.

    doesn't it really make you look forward to VISTA - it is going to have this crap all over the os - they are working with media companies so everyone has to use windows to watch TV or DVDs.

    none of these companies care about the consumer - they are going to give us what they are going to give us and that's it.

    this why I chose open source and always will. no one is going to tell me how to use my computer.

  51. Copyright infringement by Peaker · · Score: 3, Informative

    Is the correct term.

    Sure, you could redefine theft to include the lack of transfer of funds as may be required by the combination of law and license, or other definitions, but please don't.

    The word theft is more useful when it refers to the act of reducing an owner's posession in order to increase someone else's.

    When copying, you are merely increasing the posession of one, and not decreasing the posession of another.

    Sure, you're violating what he demanded of you.
    Sure, you're violating the law.
    Sure, you're doing something many consider wrong.

    But you're not stealing. Stop changing English in non-useful ways!

  52. This shows us you can't trust "CLOSED" Source by Maxo-Texas · · Score: 2

    Because it may be ripping off copyrighted source.

    And it is getting easier every day to mine compiled closed source for suspicious blocks of binary.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  53. Even if it was copyrighted by bluGill · · Score: 2, Insightful

    Even if the string was copyrightable, your use is purely functional, and thus not subject to copyright laws in this case.

    See Sega Vs Accolade

  54. Nope by Kythe · · Score: 2, Insightful

    It's not theft. It's copyright infringement, and Sony and others sue hundreds of people every month for many thousands of dollars over it.

    Are you saying DVD Jon doesn't have the same rights as Sony?

    --

    Kythe
  55. Re:PS3 vs. XBOX360 by nzkbuk · · Score: 2, Interesting

    M$ was more public about what their rootkit does. They tell you it phones home etc.

    Sony installs theirs without telling you and then if you try to uninstall it, it roots you even worse