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President of RIAA Says Sony-BMG Did Nothing Wrong

Zellis writes "In a press conference held on Nov 18 Cary Sherman, the president of the RIAA, stated in reference to Sony BMG's "rootkit" software that "there is nothing unusual about technology being used to protect intellectual property." According to Sherman, the problem with Sony BMG's XCP DRM software was simply that "the technology they used contained a security vulnerability of which they were unaware". He goes on to praise Sony's "responsible" attitude in handling the problem, saying "how many times that software applications created the same problem? Lots. I wonder whether they've taken as aggressive steps as SonyBMG has when those vulnerabilities were discovered, or did they just post a patch on the Internet?" It seems that the latest spin is to portray the Sony rootkit as no more of an issue than a software coding error that unintentionally creates a security hole. Will they get away with it among the non-technical public?" Arguably, Sherman is right -- but I enjoy much more the fact that this whole r00tkit fiasco has set DRM back by years. Gogogo poor implementations!

30 of 631 comments (clear)

  1. Unaware? by NexusTw1n · · Score: 4, Informative
    "the technology they used contained a security vulnerability of which they were unaware".
    I assume the next step is suing the software house that produced the DRM for them. Because they, at the very least, should have known they were implementing a standard root kit with all the risks that entails.

    Those of us involved with IT security know this attack vector all too well. If you want to really scan for virus and trojans on a crtical PC, you map the administrative shares C$ D$ etc to another PC, and run the virus scanner on that machine.

    That way you know for certain that you haven't been rooted, a kit can only hide from the PC it is hidden on, not another machine.

    I see rootkits all the time, the main entry is through backup software exploits rather than O/S holes. (Or autorunning CDs). You will regularly see script kiddies taking advantage of a root kit placed there by other hackers.

    So anyone who works in IT, especially someone who works in root kit creation, cannot claim that they were unaware of potential security problems.

    It was incredibly irresponsible and pleading ignorance is no excuse.
    --
    It has become appallingly obvious that our technology has exceeded our humanity. --Albert Einstein
  2. RIAA in a different world. by u-235-sentinel · · Score: 2, Informative

    "How many burns are you allowed of a movie? None. How many of a videogame? None. You get the idea. Even the CDs with content protection allow consumers to burn 3 copies or so for personal use. The idea is not to inhibit personal use, but to allow personal use but discourage (not prevent, you can never prevent) copying well beyond personal use."

    Actualy it was my understanding the Supreme Court put this issue to rest about 8 years ago. We are entitled to one (1) archival copy of our media. I'm not aware of this having changed in the last few years. I guess I shouldn't be surprised they are saying this. It's a different world they live in.

    --
    Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
  3. Re:Wrong illegal and unethical by multriha · · Score: 5, Informative

    The parts of the software are installed and activated before the EULA is even displayed to the user.

  4. Re:Who installs software from an audio cd? by everphilski · · Score: 2, Informative

    The problem is, Windows by default has auto-run enabled upon CD insertion. Most people won't go through the hassle of turning this off (it's not even in a very obvious place to turn it off..)

    Windows XP: Go to My Computer. Right click on your CD-ROM drive. Click Properties. Click the "Auto Play tab. Click "Prompt me each time to choose and action" or "Take no action". Done. How much easier or logical can it get?

    -everphilski-

  5. Re:Wrong illegal and unethical by _LORAX_ · · Score: 4, Informative

    I can confirm that at least one disk "Chris Botti" the rotkit installed WITH NO EULA. That IS patently illegal in any handbook.

  6. Re:Giving Consumers What They Want?? by Entropius · · Score: 2, Informative

    What I would like:

    I would like to be able to go download a recording of , and would like at least 80% of the money I pay for it to go to the composer and the performers. They, after all, did the hard work.

    I would like this recording to be available as a plain old 192kbps mp3 or 160kbps ogg, or a FLAC encode, at my choice.

    Is that really so hard to ask?

  7. No regedit required at all... by everphilski · · Score: 2, Informative

    No, but they do have auto-run on for everything, because turning it off requires editing the registry

    FALSE

    (Windows XP) Go to My Computer. Right click the CD-ROM drive, hit properties. Click the AutoPlay tab, and select "Take no action" or if you prefer "Prompt me each time to choose an action" to get a nice pop-up window asking what you want to do. No regedit required at all.

    -everphilski-

    1. Re:No regedit required at all... by Kitsuneymg · · Score: 2, Informative

      start -> run...
      gpedit.msc
      Computer Configuration -> Administrator Templates -> System -> Turn off Autoplay
      Set this to enabled.

      You'll never have to worry about any user autoplaying anything.

      Complicated, but my family managed just fine with the above instructions.

      Also, if it is a regestry tweak, drop it into a .reg file and tell your friends/family to double click it and hit yes. Then tell them only to do this for things they know are from you.

    2. Re:No regedit required at all... by CosmeticLobotamy · · Score: 2, Informative

      That'll work in XP Pro, but not in XP Home (at least from what I can tell). Of course, maybe I'm the only person alive that ever encounters XP Home. Google seems to think it's rare.

    3. Re:No regedit required at all... by kawika · · Score: 4, Informative

      everphilski, have you actually checked that with the Sony CDs? Because it doesn't work.

      The settings on the AutoPlay tab are for "Autoplay V2" which determines the action based on the content of the CD (mp3 files, image files, etc.). The Sony CDs use "Autoplay V1" which only requires a file named Autorun.exe in the root of the drive. Even if you turn off all the features on the Autoplay tab, it will not disable Autoplay V1.

      There are several ways to disable the V1 variety, if you don't want to manually RegEdit just download TweakUI and you can turn it off that way. If you prefer the registry method, Google for DriveTypeAutoRun to disable them on a per-drive letter basis or services cdrom autorun to turn it off for all CD/DVD drives.

  8. FoxTrot tries to educate the Public by Jaxim · · Score: 5, Informative

    Did you all see today's FoxTrot? It appears that existence of Sony's rootkit is becoming more and more mainstream.
    http://news.yahoo.com/news?tmpl=story&u=/uclickcom ics/20051121/cx_ft_uc/ft20051121

  9. The state of Texas apparently disagrees by Zygote-IC- · · Score: 4, Informative

    Just got a press release in our newsroom that the Texas Attorney General Greg Abbott is suing Sony BMG.

    Full release can be found at http://www.oag.state.tx.us/oagnews/

    Don't mess with Texas.

    1. Re:The state of Texas apparently disagrees by Jarnis · · Score: 2, Informative

      Mmmm...

      "Because of alleged violations of the Consumer Protection Against Computer Spyware Act of 2005, the Attorney General is seeking civil penalties of $100,000 for each violation of the law, attorneys' fees and investigative costs."

      Too bad this probably only relates to the crimes done in Texas.

      100k$ per installed CD, 2M+ CD's sold... that would be a *serious* chunk of change even for a megacorp like Sony.

      Even if this is limited to texas, it could still be tens of thousands of CDs, 100k$/CD...

      Ouch? :)

    2. Re:The state of Texas apparently disagrees by samj · · Score: 2, Informative

      If the users want to be compensated they can take on Sony themselves or by starting/joining a class action. The law in question is designed to prevent this type of shenanigans, and like most other punitive penalties will end up serving some purpose other than compensating victims. If it makes companies think twice before distributing spyware then we all benefit. It's similar to expecting drink driving fines to be distributed amongst victims - there are various forms of (state and private) insurance to deal with this and the money is arguably better spent tackling the problem through more police, education, etc.

      If you are considering taking this further the following response to a web enquiry may prove useful:

      <snip what="full name, which was not provided with the enquiry!?!">,

      Thank you for contacting Sony Online Support.

      As your email states that may seek financial and/or legal action against Sony BMG, Sony support policy prevents us from further communication via email. Please address any such requests to our corporate offices:

      Sony BMG Music
      550 Madison Ave, 24th Floor
      New York, NY 10022-3211

      Thank You,

      Your Sony Email Response Team
      CC2S

      <snip>
      Message : Where should customers send invoices for costs associated with rebuilding machines infected by your software?

  10. Here's a little more info... by ndtechnologies · · Score: 2, Informative

    Just to touch on the subject of the RIAA and the true theft that occurs...

    If you do the research you will find out that a band's first contract (and sometimes their ONLY contract) is NOT designed to give them any say. Remember Hootie and the Blowfish? Their debut album (Cracked Rear View) grossed over 12 million copies. Do you know how many of those 12 million their label gave away to record clubs like BMG or Columbia House (you know the buy 1 get 12 free deals)? 4 million. That is 4 million albums that they will NOT get paid for, and guess what else? It was written into their contract and they had NO say about it. This hasn't happened to them only either. This type of clause is in 98% of new band contracts. The same thing goes for promotional discs sent to record stations. The bands pay for those (and everything else including, studio time, music videos, producer's fees, mixing fees, mastering fees) out of the advance they receive from the label, but they don't get paid for the promotional copies. They have to eat the cost, and hope they can make it up somewhere else, like touring or merchandising. Furthermore, remember that the band doesn't begin to make ANY money until every dime of their advance from the record label is paid back.

    The ONLY way that you begin to have any say in your contract negotiations is if you have 2 or 3 really successful albums. Only then can you begin to negotiate your contracts. Do you think a band like Green Day was able to get a really great contract when they first signed up? NO, they didn't. However, after 10+ years and more than a few platinum albums, they now have negotiating power, but most labels aren't looking that far in to the future. As far as they are concerned, most artists have a shelf life of about 3-4 years and then they are old news (just look at Britney, Christina, and Creed if you want some examples).

    Remember Record Labels are nothing more than banks. They will stand there with the money and the contract, waiting to see which of the new artists will wade through the river of crap and emerge from the crap with a pen, just waiting to sign. If you don't want to sign the contract, they aren't going to beg you because they know there are others that are willing to do it, if you don't.

    --
    I have nothing clever to put here...
  11. Re:Unaware? by whoever57 · · Score: 4, Informative

    If you want to really scan for virus and trojans on a crtical PC, you map the administrative shares C$ D$ etc to another PC, and run the virus scanner on that machine. You surely can't think that can you? If you are accessing the shares remotely, you need the kernel on the compromised machine to tell you what files exist. If the kernel doesn't list the files, do you think it will make them available over the share? The only way to be sure is to boot from CD or another, known good, hard disk.

    --
    The real "Libtards" are the Libertarians!
  12. Re:Thank goodness for Konqueror by TCM · · Score: 2, Informative

    Uhh, this is a very, very ugly way to do things. You twist the semantics of the global namespace and potentially redirect all traffic to those domains to 127.0.0.1.

    What if your users are developers running a local httpd?

    If you want to block HTTP traffic, use an HTTP proxy. The proper way to implement ACLs is to return a code that indicates "denied", not return false information as if it were real. This only leads to headaches later, when noone thinks about this "solution" anymore and tries to debug a real problem.

    In one way, this solution is slightly better than the stupid hosts-file-mangling you see everywhere because it's centralised. OTOH, it's just as stupid as that because it's like driving a screw with a hammer.

    There is one case where fiddling in BIND is appropriate. This is cases like omniture.com. They smuggle data through DNS by requesting weird hostnames like [long encoded string].omniture.com. I saw this when browsing through ebay one day. In this case, you have to block on the DNS level, but not by falsifying the information.

    I checked out which nameservers are authoritative for omniture.com. Then I checked which networks they belong to. Those networks I put in a blackhole clause in named.conf. So whenever I request something in omniture.com , at least I get a "server failed" which hints me to BIND, should I forget one day that I blocked them.

    --
    Of course it runs NetBSD. BTC: 1NT7QvbetmANwaMzhpVL6
  13. Re:RIAA Hates its Customers by MindStalker · · Score: 2, Informative

    RICO requires extortion.. The legal definition of extortion is.

    The term "extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

    So any threatening of something fearful will do, as well as pretending to be an official, (ie pretending to be a police officer or court official of some sort). I believe that in some of their early legal threats they crossed that line as well from what I recall.

  14. Re:Commercial rootkit? by Anonymous Coward · · Score: 2, Informative

    > From what I understand

    not really all that much, as it turns out, huh?

    You may have not heard, but a company called First 4 Internet actually developed and licensed this "DRM Solution" to Sony

    http://www.eweek.com/article2/0,1895,1887181,00.as p

    Dan Kaminsky, an independent security researcher, discovered evidence that so-called "rootkit" style stealth programs developed by U.K. firm First 4 Internet Ltd. and used by Sony while conducting an audit of the DNS (Domain Name System) infrastructure.

    This has been all over /. for the last couple weeks. Are you really that stupid to ignorantly post something contrary to what has been very public knowledge for some time now, or are you just a stupid troll?

  15. Re:Cary Sherman speaks truth. by karmatic · · Score: 3, Informative

    The issue being that if you close it without saying yes, it still installs the rootkit anyway.

  16. Re:Giving Consumers What They Want?? by xtracto · · Score: 2, Informative

    Then what you like is www.allofmp3.com + mail your favorite band $10 for each record you download (make sure you write a note telling them what you did and why).

    After thinking for a while, my conclusion is that that is a fair way to back your artist. You may write them and tell them to give you a PayPal account to make them a deposit.

    Why allofmp3 instead of p2p? because in allofmp3 you can download the music in several (mp3, ogg, flac, ape, mpc, wav, mp4... etc) codecs.

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  17. Flaw in logic by ndunnuck · · Score: 1, Informative
    As for praising Sony for their "responsible" efforts to fix the problem, I have two things to say:

    1) They're being "responsible" because they're being "sued."

    2) Regardless of the myriad cybercrimes under which SonyBMG is currently being sued, usually when companies install software that circumvents a customer's expected right to a freedom of choice, they get punished by the government under anti-trust law. See Microsoft.

    There's nothing about this issue that's either legal, moral, or intelligent.
  18. Re:Big Surprise?[ - Radio done] by saskboy · · Score: 2, Informative

    Tim from http://www.boycottsony.us/ was the guest on the radio program, and he did a fine job of convincing the radio host John Gormley how bad this DRM infection is. If all technical people were as gifted verbally as Tim is, then we'd see a lot fewer problems from companies trying to exploit consumer ignorance.

    The rebroadcast is tonight CST at www.ckom.com

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  19. New BBC article on the fiasco... by KitesWorld · · Score: 2, Informative

    http://news.bbc.co.uk/1/hi/technology/4456970.stm

    About 2 hours old now. And yup, It even touches on the rootkits own copyright infringments.
    Estimates the damage caused to SONY's bottom line in the tens of millions for this one incident, not counting the pending legal action taking place in Cali, NY, and now Texas.

  20. Re:Markets always trump cartels eventually by jedidiah · · Score: 2, Informative

    They don't "develop" squat.

    They might dish out illegal payola to radio stations to get airplay but that's about it. Most of the time, they don't even do that. More typically, the labels are just a bunch of loan sharks and cartel brokers.

    Some acts have even managed to develop their own following as well as their own master recordings. A musician needs a label as much as a fish needs a bicycle.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  21. DRM doomed? by mgessner · · Score: 4, Informative

    This article on Yahoo! says DRM is doomed. FTA: "The fact that so-called digital rights management might always be a doomed experiment became painfully clear with the fiasco that erupted after Sony BMG Music Entertainment added a technology known as XCP to more than 50 popular CDs."

    Let's hope. I always thought this was stupid. I bought the CD. The concept of fair use says I should be able to listen to it when, where and how I want. Fussing about people trading music just goes to show how badly the music industry knows it's wrong and that it's been screwing artists since the beginning. They're not treating their artists nor their customers well.

    --
    "Sometimes the truth is stupid." - Lawrence, creator of Prime Intellect
  22. No, no, no, you've got it all wrong! by RAMMS+EIN · · Score: 3, Informative

    ``It follows that RIAA does not consider the piracy of copyrighted material wrong... Well, I'm off to go copy a few CDs, with the cartel's blessing this time.''

    No, no, no, you've got it all wrong!

    It's not about breaching copyright.

    It's about who harms who. Small folk harming the large corporations? BAD! Large corporations harming the small folk? Standard practice!

    --
    Please correct me if I got my facts wrong.
  23. Re:Unaware? by GIL_Dude · · Score: 3, Informative

    No, that isn't the case. Again, you are finding the user mode rootkits that way. They are only hiding from ntdll.dll (and hence Explorer.exe doesn't show them, cmd.exe doesn't show them). The redirector is running as system, so the user mode ones can't hide from that. This is why you can see them over remote mounted disks (C$,etc.).

    However, if you read up on the kernel mode ones (some of the talks Mark Russinovich has given -like at Tech Ed this year), you'll see that these touch the kernel itself and the redirector will not expose them (so C$, etc. won't work).
    It's just a matter of different architectures and different methods of "rooting" a machine.

  24. Texas has just filed suit... by artifex2004 · · Score: 3, Informative
    I submitted an article, but then edited it. In case the latter fails to see light of day:
    In the first enforcement of Texas' new spyware law, the Consumer Protection Against Computer Spyware Act of 2005, Attorney General Greg Abbott filed suit against Sony for having "surreptitiously installed the spyware on millions of compact music discs (CDs) that consumers inserted into their computers when they play the CDs, which can compromise the systems." The suit is seeking US$100,000 per violation. A PDF of lawsuit is available here.

  25. EFF Files Class Action Lawsuit Against Sony BMG by Anonymous Coward · · Score: 1, Informative

    EFF Files Class Action Lawsuit Against Sony BMG. Sony BMG is also facing at least six other class action lawsuits nationwide and an action by the Texas Attorney General.