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Sony Warned Weeks Ahead of Rootkit Flap

pdschmid writes "Business Week has an article describing how Sony BMG had been warned by F-Secure on Oct. 4 about the dangers of their rootkit protection, but failed to do anything until Oct. 31 when computer-systems expert Mark Russinovich revealed the rootkit in his blog." From the article: "Sony BMG officials insist that they acted as quickly as they could, and that they expected to be able to go public and offer a software patch at the same time. However, Russinovich posted his blog item first, forcing Sony BMG to scramble to contain the crisis. It recalled millions of CDs recorded by 52 artists, including Van Zant, Celine Dion, and Neil Diamond. Plus, it offered exchanges to customers."

335 comments

  1. So corporations still lie.... by MaskedSlacker · · Score: 4, Insightful

    So Sony was lying its collective arse off when saying it reacted as quickly as it could? This is news how?

    1. Re:So corporations still lie.... by TubeSteak · · Score: 1

      After this revelation... It was as if millions of geeks cried out in terror and were suddenyl silenced^H^H^H^H^H^H^H^Hvindicated

      --
      [Fuck Beta]
      o0t!
    2. Re:So corporations still lie.... by Anonymous Coward · · Score: 1, Interesting

      I suspect that they were reacting as quickly as they could. After all, they were trying to develop a patch, and those things take time. Of course, without disclosure, they probably would have made the patch change the secret word from $sys$ to $sis$. After the disclosure, their hand was forced, and they had to change their plans and release an "uninstall" that installed other spyware as well as turned off IE security settings for ActiveX controls.

    3. Re:So corporations still lie.... by Anonymous Coward · · Score: 5, Interesting

      I tried submiting this to Slashdot but apparently the editors didn't find it newsworthy.

      http://www.benedelman.org/news/112105-1.html
      http://www.downloadsquad.com/2005/11/23/sony-could -use-xcp-to-protect-its-customers-but-wont/

      Sony could use XCP to protect its customers, but won't

      Spyware researcher Ben Edelman says that XCP, the software at the heart of Sony's rootkit fiasco, could also be used to inform Sony's customers that their computers have been compromised. Sony doesn't know whose computers are infected by their rootkit, but the XCP player software includes code for automatically fetching a banner from Sony's servers. Sony could easily use this to display a recall notice to the rootkit's victims, but are they going to? I seriously doubt it. While the whole affair has been gaining more and more traction with the media, Sony knows that the majority of its customers will never hear about any of it, and they want to keep it that way. While their recall was intended to be viewed as a good-faith gesture (and, indeed, there may be some actual good faith in there somewhere), the last thing Sony wants is for every Switchfoot fan to know how badly their record company screwed up their computer.

    4. Re:So corporations still lie.... by someone1234 · · Score: 1

      afaik they said they were 'talking' with anti-virus experts. I guess they thought they will settle without much noise.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    5. Re:So corporations still lie.... by eeyoredragon · · Score: 1

      By your argument, people murdering other people isn't news either. However, something being commonplace shouldn't necessarily make it unnewsworthy. Whether or not corporations lie, cheat, and steal is a common ho hum thing, it doesn't mean they shouldn't be held accountable for it. Your view makes it easier for them to get away with such things.

      Lowering the expectations of the people you serve is an easy way to success. Thanks for helping make that possible :)

    6. Re:So corporations still lie.... by MaskedSlacker · · Score: 1

      I think you misunderstood the hateful jaded and misanthropic tone of my post, directed at said corporations.

  2. What a load by Microlith · · Score: 5, Insightful

    Scramble? To contain the crisis?

    They almost never admitted what they had done, and continually denied the dangers posed by this rootkit.

    They only started the recall after people pointed out repeatedly that their "uninstaller" didn't, and recieved criticism from the government.

    "as quickly as they could" my ass.

    Of course, they could have been smarter and never released it to begin with.

    1. Re:What a load by Anonymous Coward · · Score: 0

      By "contain" they meant to say "cover up". It makes a lot more sense that way.

  3. Sony made a rootkit? by Winckle · · Score: 5, Funny

    Why didn't Slashdot tell us before?!

    1. Re:Sony made a rootkit? by Vengeance · · Score: 1

      It's the new anti-dupe filter. Someone added an extra exclamation point, and no new stories can make it through anymore.

      --
      It was a joke! When you give me that look it was a joke.
    2. Re:Sony made a rootkit? by gg3po · · Score: 2, Informative

      Surely you jest...

      ...and that doesn't even count all the Slashbacks. Maybe you should consider adding a </sarcasm> tag :-) . I must admit, however, that this is one case where I don't mind the repeated updates. I hope Sony isn't allowed to forget what they did. This will make an example of them to anyone considering such tactics in the future.

      --
      ---
    3. Re:Sony made a rootkit? by Anonymous Coward · · Score: 3, Funny

      Why didn't Slashdot tell us before?!

      You're reading on a Vaio, in which case you won't be able to see any stories containing the sequence $sys$

    4. Re:Sony made a rootkit? by Anonymous Coward · · Score: 0

      +1 funny on parent please?

    5. Re:Sony made a rootkit? by octaene · · Score: 1

      The sad thing is, another record company is bound to make the exact same mistake. Nobody will learn from this snafu and consumers will be once more negatively affected.

    6. Re:Sony made a rootkit? by Anonymous Coward · · Score: 0

      Jeez, man, do you have Asperger's or something? You think that comment needed a sarcasm tag?

      Unless YOU were being sarcastic... in which case I might need to see a psychologist...

    7. Re:Sony made a rootkit? by Anonymous Coward · · Score: 0

      Get used to it. Sony is the new SCO.

    8. Re:Sony made a rootkit? by Anonymous Coward · · Score: 0

      No, the sad thing is that this fuss will only push the record companies further into the grasping fingers of Microsoft/Apple/IBM and their fellow Trusted Computing butt-buddies. Your next computer won't need some DRM software written by a bunch of clueless idiots... because it will come with hardware to do it, and the software preinstalled along with your shiny new Vista/Mac OSX desktop.

  4. Proves public disclosure is the best for security by Anonymous Coward · · Score: 5, Insightful
    Until a security hole is widely published (not privately communicated) it's very likely to continue spreading unchecked.


    I think this is great evidence that early public disclosure is very important. At the minimum, the affected users can start using workarounds (turn off insecure systems) until fixes are available.

  5. Thats what happens... by Anonymous Coward · · Score: 5, Funny

    ...when a company becomes bigger than its customer base.

    1. Re:Thats what happens... by KGB+is+My+Name · · Score: 1

      ...when a company becomes bigger than its customer base.

      ...or at least when they think they are.

      --
      "I didn't do it. Nobody saw me do it. You can't prove anything."

  6. Another possibility exists... by bigtallmofo · · Score: 5, Insightful

    So Sony was lying its collective arse off when saying it reacted as quickly as it could?

    That they were lying is one possible explanation. Looking on the bright side, another possibility is that they're just incompetent.

    --
    I'm a big tall mofo.
    1. Re:Another possibility exists... by Vengeance · · Score: 4, Funny

      That they were lying is one possible explanation. Looking on the bright side, another possibility is that they're just incompetent. OK, OK, let's keep politics out of this discussion.

      --
      It was a joke! When you give me that look it was a joke.
    2. Re:Another possibility exists... by MaskedSlacker · · Score: 3, Insightful

      True, and you should never ascribe to malice that which can be explained by incompetence. Though in fun world of corporations, the two seem to go hand in hand.

    3. Re:Another possibility exists... by oopsdude · · Score: 1

      That they were lying is one possible explanation. Looking on the bright side, another possibility is that they're just incompetent.

      Never attribute to malice what can be attributed to by incompetence - Some Dead Guy.

    4. Re:Another possibility exists... by HTL2001 · · Score: 3, Insightful

      not so much hand-in-hand as that incompitence is used as an excuse.

      which is rediculus because ignorance is NOT (supposed to be) a viable defense in legal actions. I see so many people say "sony probably didn't know blah blah blah" but the truth is, they are responsable for it, so they should make it their duty to know. And if they don't, its (supposed to be) law that they be held accountable.

      However, ignorance seems to get you a pass if it involves technology, <sarcasm>since no-one can possably understand that stuff anyway, except for the hackers that exploit it</sarcasm>

      --
      By reading this, you have given me brief control of your mind.
    5. Re:Another possibility exists... by johnos · · Score: 1

      "Never ascribe to malice that which can be explained by stupidity"
      Wise words indeed.

    6. Re:Another possibility exists... by minus_273 · · Score: 1

      hey! some democrats take exception at being lumped in the same category as Sony

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    7. Re:Another possibility exists... by HTH+NE1 · · Score: 1

      However, ignorance seems to get you a pass if it involves technology, since no-one can possably understand that stuff anyway, except for the hackers that exploit it

      Especially when combined with a non-dairy powdered creamer.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    8. Re:Another possibility exists... by Yartrebo · · Score: 4, Insightful

      I feel that technology should be a valid excuse under the right circumstances. A mom-and-pop store or a private individual cannot reasonable be expected to do a good faith patent search when choosing an operating system (MS Windows and Mac OS undoubtedly violate hundreds of software patents, and Linux violates thousands of patents if you include software commonly found in distros, like mp3 players - the mplayer project alone has close to 1,000 known patent violations and countless unknown violations). Legally every single user of a halfway modern OS should have injunctions granted against the use of their computer and massive damages be paid out to the dozens or hundreds of patent holders covering some aspect of their OS.

      In the case of operating systems, even Microsoft should be able to invoke ignorance, as the best minds money could buy cannot properly figure out exactly what a patent covers, and even if they could, proper enforcement would result in losses to GDP easily exceeding 20% as companies retool to avoid the use of computers and replace them with typewriters and file cabinets (typing and data storage), servos and relays (industrial processes, automobiles, microwaves, anything else currently built with computers). On top of increased staffing needs for most corporations, energy efficiency will decline as the carbeurator will replace fuel injection in autos and electric power plants retool to manual operations (certain plants, like many solar plants and photovoltaic systems, are likely to be entirely unoperable and mothballed). Efficiency might be maintained by switching to turbine-based engines (say, steam turbines or gas turbines), but such a switch would drastically increase the cost and complexity of automobiles. Telephone companies in particular will have to hire many switchboard operators and we can expect to see call costs rise back to pre-AT&T breakup costs. A modern Cold War-style military such are our own is dependant on computers from everything from remote control drones to fighter planes to secure and rapid communications. And lastly, Slashdot would not be possible without computers.

      That said, I feel that Sony is entirely responsible for what they did as they should have known better. Trojan horses being no-nos is just plain common sense and they serve no legitamite purpose. Sony purposefully wrote or purchased a program to have this function, and as Sony is in the software business they can be expected to be authorities on the subject and act accordingly (as opposed to patents which require substantial knowledge in law just to understand, no less safely navigate - and the cost of compliance is so high that no reasonable corporation can be expected to fully comply with them as it would entail disbanding the corporation in many instances)

    9. Re:Another possibility exists... by KGB+is+My+Name · · Score: 2, Funny

      ..to beat a cliche to death:

      It's a sony, afterall.

      --
      "That's not exactly what I meant."

    10. Re:Another possibility exists... by fdiskne1 · · Score: 4, Funny

      True, and you should never ascribe to malice that which can be explained by incompetence. Though in fun world of corporations, the two seem to go hand in hand.

      Any sufficiently advanced incompetence is indistinguishable from malice.

      --
      But why is the rum gone?
    11. Re:Another possibility exists... by xs650 · · Score: 0, Flamebait
      Never attribute to malice what can be attributed to by incompetence - Some Dead Guy.

      Lets leave the present US administration out of this.

    12. Re:Another possibility exists... by Anonymous Coward · · Score: 0

      Did you hear that on the movie the Brothers Grimm?

    13. Re:Another possibility exists... by Anonymous Coward · · Score: 0

      same as Bush?

    14. Re:Another possibility exists... by terrymr · · Score: 4, Informative

      Actually it is ignorance of the law that can not be a defense. However ignorance of the harm you are doing would tend to suggest negligence.

    15. Re:Another possibility exists... by jacksonj04 · · Score: 1

      To summarise (I think):

      Not knowing what a piece of software does is no excuse if you distribute it, since it should be your problem.

      Not knowing what patents cover your software is acceptable (within reason), since nobody has a clue anyway.

      --
      How many people can read hex if only you and dead people can read hex?
    16. Re:Another possibility exists... by Mutiny32 · · Score: 1

      I'd agree with the latter. They seem to make great products, but somehow finds a way to screw it up with bad software. Case in point: Sonicstage. They have great MP3 players, but what good are they if you can't put the music on them?

    17. Re:Another possibility exists... by Anonymous Coward · · Score: 0

      I agree with Incompetence. They're putting DRM on a Neil Diamond CD for Christ's sake.

    18. Re:Another possibility exists... by Anonymous Coward · · Score: 0

      "No, no officer you have it all wrong. I did not pour gas out of a blue container all over the inside of this house and light it on fire. I pour gas out of a teal container all over the inside of the house and lit it on fire." :P

      Doesn't matter if they are lieing or too incompetent, either way they are full of shit and need to be taught a leason.

    19. Re:Another possibility exists... by Jonny_eh · · Score: 2, Funny

      How do you know mplayer has 'unknown patent violations', if they're unknown. Are they known to you, but not known to us?

    20. Re:Another possibility exists... by iluvcapra · · Score: 1

      That needs a name.... how about the Hanlon/Clarke Postulate?

      --
      Don't blame me, I voted for Baltar.
    21. Re:Another possibility exists... by Anonymous Coward · · Score: 0

      Are they known to you, but not known to us?

      I don't know.

    22. Re:Another possibility exists... by IWannaBeAnAC · · Score: 1
      Right. I mean, it isn't as if Sony doesn't have anyone in its employ that has the technical expertise to judge the technical merits.

      My guess is, some guy in marketing/IP protection/SLAPP department came up with that plan, and of course that trumps what some loser computer science dick would say, any day of the week.

    23. Re:Another possibility exists... by CowboyBob500 · · Score: 5, Insightful

      A mom-and-pop store or a private individual cannot reasonable be expected to do a good faith patent search when choosing an operating system (MS Windows and Mac OS undoubtedly violate hundreds of software patents, and Linux violates thousands of patents if you include software commonly found in distros, like mp3 players - the mplayer project alone has close to 1,000 known patent violations and countless unknown violations). Legally every single user of a halfway modern OS should have injunctions granted against the use of their computer and massive damages be paid out to the dozens or hundreds of patent holders covering some aspect of their OS.

      MPlayer, Linux, LAME etc etc, are perfectly legal here in the UK since software patents are not enforcable. The problem is not with the software, it's with the US patent system.

      Bob

    24. Re:Another possibility exists... by mgv · · Score: 1

      Any sufficiently advanced incompetence is indistinguishable from malice.

      fdiskne1: This is the best line I have heard in a while. It is very likely to replace my .sig (which has been stable for years), as it resonates with my current experiences at work.

      Do you have a name or similar for me to attibute this to?

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    25. Re:Another possibility exists... by infolation · · Score: 2, Interesting
      The comments following TFA mention that First4Internet created the rootkit using open-source tools, and that by not acknowledging this, Sony broke copyright laws protecting the IP of those tools.

      Aside from the irony that Sony were protecting their IP by violating someone else's... is this true? And if so, why are Sony not being prosecuted for breaching that copyright?

      ----
      This Sig is currently out of order. Please try again later.

    26. Re:Another possibility exists... by Anonymous+Cowpat · · Score: 1

      'can not' or 'is not'?
      'is not' is true, 'can not' doesn't make any sense. There is absolutely no logical reason to hold someone punishable for something that they didn't know they weren't allowed to do (It doesn't serve as a deterrent to them or anyone else [deterring people from doing something that they don't know is illegal], it doesn't rehabilitate them, it doesn't protect society). The reason for it is solely that law enforcement doesn't like the common man having a trump card. "You have offended against our laws and we're going to punish you for it, regardless of whether it's right, just or reasonable to do so. Because we can and we need to punish someone"
      Oh, and the fact that no doubt people who DID know something was illegal would try to claim ignorance and it would be hard to prove otherwise. Unfortunately that does mean that in cases where someone truly doesn't know that something is illegal they get screwed anyway.

      The European convention on human rights bans 'punishment without law' this includes laws that aren't knowable (so, yeah, it includes the exception for ignorance not being a defence, because no-one would have ratified it otherwise) but it's not a hard step to see how laws that aren't published are no different from laws that are published but you've never heard of when you look at the 'is this action against the law?' thought process before doing anything. Now, if that process outputs 'no', you haven't got a criminal intent anymore, with no criminal intent, where's the justification for punishing someone as a criminal?

      --
      FGD 135
    27. Re:Another possibility exists... by Anonymous Coward · · Score: 0

      No.

      Any sufficiently advanced malice is indistinguishable from incompetence.

      That's why companies do it thinking themselves too smart.

    28. Re:Another possibility exists... by Yartrebo · · Score: 2, Insightful

      It's called the law of large numbers. If a little digging unveils 1,000 patent violations, it's likely that a little more digging would have uncovered more. They're unknown because the violations have not actually be found and written into a list. Some patents are even secret and not published until they are issued, and no amount of research (short of industrial espionage) is going to find them. A large program is like playing minesweeper with a blindfold. Each line of a code is a square, which potentially could violate a patent. Uncover enough squares (the average number is not very high, probably under 100 lines of code), and you will find a mine. MPlayer consists of around 1,000,000 lines of code implementing hundreds of audiovisual algorithms, and certain parts of MPlayer, like wavelet-based codecs (ie., the Snow and Dirac codecs), have been avoided by all US-based and international corporations because of the patent mess surrounding wavelets (in particular, the fragmented and litigious nature of the patent holders, not so much the raw number of patents). If a project is extremely careful, then they might be able to avoid 99 of 100 patents through very careful research (easily exceeding development costs), but that still means about 1 line in 10,000 will be infringing, or 100 infringments for a program of the scale of MPlayer. Perhaps using a bitfield to store 8 1-bit pixels in 1 byte is patented and a careless optimizer introduced that into the code naively trying to save a few bytes.

      It's just as safe to say that there are yet to be discovered patent violations in (insert name of large software project) as it is safe to say that at least a single extra reservoir of oil will be found or that you will find at least one mine by clicking randomly on the squares in minesweeper and that you will undoubtedly lose with that strategy.

    29. Re:Another possibility exists... by Anonymous Coward · · Score: 0

      "...52 artists, including Van Zant, Celine Dion, and Neil Diamond."

      Neil Diamond... Celine Dion...??!! I've changed my mind - anyone who buys those CDs deserves all the spyware they get.

      Nuff said.

    30. Re:Another possibility exists... by Anonymous Coward · · Score: 0

      Okay retards, listen up. I browse (logged in) with sigs disabled to avoid spamming and stupidity. I am so very tired of seeing "sigs" that are TYPED IN EVERY TIME. Save yourself some trouble and put that lame sig in your user settings. You will be doing the world a favor by allowing those of us who want to avoid your tacked on "humor" to do so.

    31. Re:Another possibility exists... by Yartrebo · · Score: 1

      The copyright holders would have to sue to nail Sony over illegal IP copying. It's also a more esoteric concept and people don't understand copyright as well as having computers trashed by some nefarious code.

      Also, some or many of the copied programs violate some of Sony's patents (Sony holds MPEG-related patents), and Sony undoubtably would use that as a threat to drop any lawsuits the open source authors might be thinking of.

      Lastly, Sony is a big company, and the lawsuits that have been filed so far are long shots (and likely will be settled for a truck-load of half-price Sony CDs). Copyright law is very strongly pro-established corporation and requires a large amount of cash to fund a lawsuit.

    32. Re:Another possibility exists... by Reziac · · Score: 1

      [eyes insightful quote; steals sig for my tagline file]

      Actually, there seems little functional difference between the two concepts.

      My thought went: When does "but the only tool I have is a hammer" cascade-fail into malice -- at the point of total incompetence?

      This is relevant to topic, as Sony is brandishing DRM as a hammer, without regard for whether we're "nails" or not.

      Nails in their coffin, maybe...

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    33. Re:Another possibility exists... by bulliver · · Score: 1

      "The evil that is in the world always comes of ignorance, and good intentions may do as much harm as malevolence, if they lack understanding"

      Albert Camus
      La Peste (The Plague)

      --
      Support the mob or mysteriously disappear.
    34. Re:Another possibility exists... by fdiskne1 · · Score: 1
      I had heard it a while back but don't know for sure who originated it. A quick Google search found this page that talks about it:

      Well, Napoleon said something about not attributing to malice that which is adequately explained by incomptence, and Clarke said that any sufficiently advanced technology is indistinguishable from magic. So far as I know, I am the first one to put them together and call it the Napoleon-Clarke law.

      --
      But why is the rum gone?
    35. Re:Another possibility exists... by mgv · · Score: 1

      I had heard it a while back but don't know for sure who originated it. A quick Google search found this page that talks about it:

      Thanks. My .sig is now updated.

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    36. Re:Another possibility exists... by mink · · Score: 1

      Are you saying there is a zombie somewhere in the whitehouse?

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  7. They shouldn't have recalled the CDs by Pac · · Score: 5, Funny

    Van Zant, Celine Dion, and Neil Diamond

    They should have left the rootkit in place so we could download some good music directly to these misguided buyers' hard drives.

  8. Still on the Shelves by Anonymous Coward · · Score: 5, Informative

    Not only is Sony not moving fast, NY AG Elliot Spitzer reports that affected CDs are still being sold at various retail outlets. I'm not sure how much control Sony has over recalling CDs at some Wally World in Drum Nebraska, but this snafu puts them right up there with Adobe in corporate arrogance and stupidity.

    1. Re:Still on the Shelves by Anonymous Coward · · Score: 0

      Sony has no influence over what has to be recalled, it is up to the distributers to do so. They have to notify the retailers who then notify their employees.

      Don't blame SOny for something they cannot control.

      As for the rootkit, they should have never tried it. Its spyware, a viral software package that has been outlawed. If Sony was unaware of the potential damage this has cuased, they should go after their software provider. Yet I'm sure that the EULA from them reads: "we are not responsible for any damage done to anyone's computers for using this product".

    2. Re:Still on the Shelves by Anonymous Coward · · Score: 0

      Adobe? What have they done recently ?

    3. Re:Still on the Shelves by Scarletdown · · Score: 2, Insightful
      Yet I'm sure that the EULA from them reads: "we are not responsible for any damage done to anyone's computers for using this product".


      And I am sure a judge would call bullshit on this and in fact hold them responsible for the malware that they created, should this ever come up in court. After all, a program doesn't write itself, and the programmer(s) should have been aware of the nature of the code they were creating.

      Just because something is in a EULA does not always make it legally binding, such as... (fill in the usual outlandish hypothetical EULA terms that get posted as examples here.)

      --
      This space unintentionally left blank.
    4. Re:Still on the Shelves by Scudsucker · · Score: 1

      but this snafu puts them right up there with Adobe in corporate arrogance and stupidity.

      I was thinking more of Intuit and their boot sector DRM crap.

    5. Re:Still on the Shelves by kawika · · Score: 1

      I just checked at my local stores this weekend, and results were mixed. Borders had already pulled all the affected CDs from the shelves. Target still had them on the shelves but had entered the UPC codes into their system as recalled based on an email they got on Wednesday night. I couldn't buy the CD because it was flagged.

      Best Buy, on the other hand, was clueless that there was a recall. I handed the manager on duty a copy of the official press release from the Sony BMG web site and he reluctantly let me pull the titles I could quickly find (6 Switchfooot, 1 Neil Diamond, and 4 Van Zant) and put them in a basket so they could store them in the back room until the mothership sent word about what they should do.

    6. Re:Still on the Shelves by Anonymous Coward · · Score: 2, Funny

      wow. you must be fun at parties.

    7. Re:Still on the Shelves by CowboyBob500 · · Score: 1

      You should have bought one and then joined in the class action lawsuit later.

      Bob

    8. Re:Still on the Shelves by jehrler · · Score: 1

      As my old law school tort professor used to say, "Tort trumps contract." EULA does not innoculate negligence/malfeasance.

  9. If this is true... by julesh · · Score: 4, Insightful

    If this is true, then sony just lost them court cases we've been hearing about. Having been told about it and not issued a product recall at the earliest opportunity (i.e. within a day or two) means that they were intentionally subverting people's computers.

    The only defence available to them was that they didn't realise this was happening. They've just lost that.

    1. Re:If this is true... by BushCheney08 · · Score: 3, Interesting

      They were intentionally subverting people's computers to begin with, hence they were in violation of CA and TX's computer privacy laws anyways. They had very little chance of winning either of those cases as is. Of course, this just bolsters the state's cases.

      --
      Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
    2. Re:If this is true... by Kevin+DeGraaf · · Score: 3, Interesting

      sony just lost them court cases we've been hearing about

      Sony is a BIG company, huge enough to be considered a part of The Man. Therefore, there's no way that (1) they will lose any suits, or (2) they will be hit with damages that will have any practical impact whatsoever.

      I would love to have to eat these words... here's hoping.

      --
      We have more to fear from the bungling of the incompetent than from the machinations of the wicked.
    3. Re:If this is true... by Generic+Guy · · Score: 3, Insightful
      Sony is a BIG company, huge enough to be considered a part of The Man.

      Sony is primarily a foreign company, so they won't get a free pass. However, the majority way these things usually work out is one or more politically ladder-climbing motivated Attorney Generals sue Sony "on behalf of the people" or somesuch hollow excuse. The proceedings drag on at a glacial legal-system pace, bad PR fades out of the public eye, and eventually AG announces an out of court "settlement" between company and the State. Said settlement money goes straight into State's coffers, never to be seen or heard about again.

      All in the end, you are still out $18 for a dodgy CD disc and stuck with a rootkit infecting your PC.

      --
      { - Generic Guy - }
    4. Re:If this is true... by TheRaven64 · · Score: 2, Interesting

      Sony could have claimed that they were unaware of exactly how the software worked, since they bought it from an outside company. Since they were notified and still didn't issue a recall (or even stop distributing new copies) then they can be shown to have willfully continued to violate the law. This degree of premeditation will no go over well in a court of law.

      --
      I am TheRaven on Soylent News
    5. Re:If this is true... by myth24601 · · Score: 1

      "eventually AG announces an out of court "settlement" between company and the State. Said settlement money goes straight into State's coffers, never to be seen or heard about again."

      Sometimes the people affected get something too. Sony will cop a deal where they give a jillion to the state as well as coupons to their affected customers for a free blank Sony brand cassette tape or 8Track or some other usless noncash item.

      --
      No matter where you go, there you are.
    6. Re:If this is true... by BushCheney08 · · Score: 1

      Very good points. It's pretty clear to anyone paying attention that they only reacted when it became a PR nightmare. It'll be interesting to see how this plays out in court and what their defense is. However, I expect them to settle well before that and, as is the case with settlements, admit to no wrongdoing or malfeasance on their part...

      --
      Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
    7. Re:If this is true... by murukusu · · Score: 1

      Actually there wasn't any mention about the rootkit in the XCP EULA. Therefore, users did not consent to have malicious programs being installed to their systems.

    8. Re:If this is true... by chrisgeleven · · Score: 1

      You can't claim ignorance when it comes to something like this. That DRM was basically distributed with the Sony logo attached to it. If they were dumb enough to purchase it for use in their own products, they are dumb enough to have responsibility for it.

    9. Re:If this is true... by ZachPruckowski · · Score: 1

      The software is explained as non-damaging, secure, and cut-off (in the sense that it isn't supposed to phone home). The piece of software described doesn't match what they installed. Therefore no one consented to the rootkit and DRM thing. Even without the rootkit, the DRM still phones home and damages your hard drive.

    10. Re:If this is true... by Anonymous Coward · · Score: 1, Insightful

      The real impact this may have is that it may finally convince the idiots in Sony's management that DRM costs them far more money than it saves them.

      At least, as a Sony employee, that's my hope.

      If I were a Sony investor, I'd be asking real hard questions about why the company is spending many millions of dollars on "technology" that does not work, will never work, and is instead just dragging the company's formerly good name through the dirt and pissing off costumers.

    11. Re:If this is true... by yfkar · · Score: 2, Informative

      If someone sued them for the MediaMax too, they wouldn't even have the EULA defense as it installs (and in some cases, runs) kernel-level drivers even if the user declines the EULA.

    12. Re:If this is true... by Art+Tatum · · Score: 1
      Sony is a BIG company, huge enough to be considered a part of The Man.

      Am I the only person tired of everybody both talking about, and believing in, "The Man"? Please. You'll have more impact with readers if you realize that 1968 is in the rear-view mirror.

  10. Impressions by A+beautiful+mind · · Score: 5, Insightful

    When the Sony rootkit case first hit the news, I considered F-Secure to be quite good for an anti-virus company because they were reasonably quick adding the rootkit to their signature file.

    They've just lost that credit for me. They knew for a month and were sitting on it! That is not acceptable. There should have been no warning to Sony, just a public statement from F-Secure at the beginning of October about the rootkit.

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
    1. Re:Impressions by Anonymous Coward · · Score: 0

      Could they have signed a NDA preventing just that? It would be silly to have another company look over your work without one.

    2. Re:Impressions by Tmack · · Score: 4, Insightful
      Its called proffesional courtesey. If they immediatly notified the public, there would have been an exploit that many days sooner, before ANY action could be taken to fix it. This is the same as any MS or other exploit. Once a firm knows about it, they notify the software's management to fix it and wait a few days to release the news to the public. That gives the developers time to at least create a patch to prevent any further damage. Is it F-Secure's fault Sony did something stupid in the first place? Are you going to blame Semantic on the next exploit they find, tell microsoft about, and wait a few days before alerting the public? How about the IE bug just moved to cirtical status thats been around for many months, is that to be blamed on Secunia? They knew about it since june and waited until this weekend to escalate it to critical, only after a proof of concept was released.

      Its easier to prevent a fire by notifying management to fix the sparking wires than to put one out after notifying a world full of pyros to come dump gasoline on it.

      tm

      --
      Support TBI Research: http://www.raisinhope.org
    3. Re:Impressions by A+beautiful+mind · · Score: 1

      No, the law doesn't work that way, similarly you can't enforce/consider valid a NDA covering up a murder, for example.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    4. Re:Impressions by Anonymous Coward · · Score: 5, Insightful

      This isn't the equivalent of a bug in IE. Sony deliberately infected their customers' computers with malware. Sure it was buggy malware but that's hardly the main issue. If you see a Sony executive breaking into someone's house, would you let the Sony exec know so that he could have a month to fix the problem before anyone else found out?

    5. Re:Impressions by pdschmid · · Score: 4, Insightful

      I think F-Secure's response was very appropriate. Imagine the following scenario: A serious flaw that could be exploited by a worm is discovered in Windows. All one needs to write a worm is to know some vague information about the flaw, e.g. where to look for it. A good programmer could write a worm in a day. A patch for the flaw takes longer to create, as it needs to pass some rigorous testing (after all the patch shouldn't break your Windows installation). So, what do you prefer? Immediate public disclose and a day later a worm infects windows installations all around the world? Or public disclosure concurrent with a patch from Microsoft which had been privately warned about it? I know I prefer the latter scenario. F-Secure was acting in the best interest of the people who had been infected by this rootkit. Sony BMG though had no interest in helping those people, because they were more interested in covering up their illegal doings. F-Secure would have gone public eventually. They would have not just sat there and watched Sony get away with it. However, they gave Sony BMG a reasonable chance in fixing the security holes, as they do give any other company rightly so. Patrick Schmid

    6. Re:Impressions by Anonymous Coward · · Score: 0

      The users, not Sony, lose if F-Secure does release the news before contacting Sony.

      How fast did those virus-on-XCP came out after the news broke? A week? If F-S released the news first, there wouldn't be a patch for the rootkit by the time these virus arrive. What would the users do? Suffer untill Sony (or it's fellow anti-virus companies) releases the patch?

      In most cases, sercurity through obscurity is bad; but not when you try to give the said company to come up with a fix to avoid the "no where to turn" problem.

    7. Re:Impressions by harrkev · · Score: 2, Insightful
      Its easier to prevent a fire by notifying management to fix the sparking wires than to put one out after notifying a world full of pyros to come dump gasoline on it.
      It is sad, but these days, nothing gets fixed until AFTER the fire has started, no matter how much notice that you give.

      F-Secure should have made this public 30 days after notifying Sony. This way, at least Sony has a chance to fix this. And if they didn't too bad for them and they deserve what they get.

      Of course, for all we know F-Secure might have planned to do this. The rootkit was made public slightly less than 30 days after Sony was informed. Perhpas a couple of days later, F-Secure would have blown the whistle.
      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    8. Re:Impressions by A+beautiful+mind · · Score: 5, Insightful
      Someone mod parent up.

      The difference between a Microsoft security issue and the Sony rootkit is earth and sky.

      If F-Secure would have identified a flaw in Microsoft's software, then it's ok if they give the company a grace period to get a patch ready.

      There was no such patch to be prepared in the case of Sony.

      The following things are sensible to be done when someone finds a new rootkit spreading in the wild:
      • Identify it's source [Sony DRM on cd's - CHECK]
      • Find a way to stop the infections/prevent further infections - this can be only done by forcing Sony to stop shipping infected cds - a public disclosure is essential. Also adding the rootkit to the signature file is required. [FAIL]
      • Clean up the infections - most anti-virus companies write even small utilities to remove rootkits/viruses/trojans. [???]


      Let's face it: By telling Sony about it and not going for public disclosure F-Secure accomplished nothing but let even more users get infected by this rootkit. Sony is not a software company, there wasn't a flaw in a software that needed to be fixed, but the software itself removed! That requires no cooperation on behalf of Sony.
      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    9. Re:Impressions by utlemming · · Score: 1

      While we are all upset, at the time that F-Secure told Sony it was an unproven vulnerability at the time. The vulnerabilty was only proven in the lab and not in the public. My speculation is if F-Secure had introduced the root-kit to their detection files then they would have pulled the wrath of Sony in the form of a DMCA circumvention suit. So while F-Secure may have lost some credit in your book, I actually have to give them some credit. They gave Sony the rope to hang themselves on, while giving them the latitude to add the rootkit later with out legal reprocutions when the root kit would go public. F-Secure was wise to wait for the public, and the media to demand that Sony be punished for thier actions. Now, any antivirus and mal-ware firm can add them to their detection schemes without reprocutions. Sony hung themselves. And F-Secure protected themselves by being patient. None of their customers were harmed by waiting, since there were no known exploits. Had there been a known exploit I think I would agree with your assestment.

      --
      The views expressed are mine own and do not express the views of my employer.
    10. Re:Impressions by dwandy · · Score: 1
      The difference b/w the Sony problem and a (example) Windows problem is that you can't patch a CD. In fact, the best solution is not a patch, it's to remove the offending software.
      The how-to-remove was out in a couple of days, and since there is no way to patch existing CDs, the best solution is a massive, loud, wide-spread notification to the public in order to ensure minimum damage.
      A patch for the flaw takes longer to create, as it needs to pass some rigorous testing (after all the patch shouldn't break your Windows installation)

      ...and that's my favorite part: after the long pause while Sony worked on a 'fix', and the hoops you had (have?) to go through to even get the patch --- (wait for it!) --- the patch is flawed! wtf?!? just advise true and full removal and admit the mistake.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    11. Re:Impressions by Anonymous Coward · · Score: 1, Insightful
      There wasn't a bug to be fixed. Sony's disc installed malware. F-Secure is in the business of removing malware. Upon learning of Sony's damaging software, F-Secure could have released updated virus definitions to remove the rootkit completely.

      I'm not picking specifically on F-Secure here; all of the other antivirus companies are just as guilty. My point is that these companies don't send out a notice to virus writers--why is Sony getting special treatment?

    12. Re:Impressions by Scudsucker · · Score: 1

      What if your hypothetical worm was put there deliberatly? This wasn't an accidental flaw, so Sony deserves no warning AND the bad press, imo.

    13. Re:Impressions by pdschmid · · Score: 3, Insightful

      Let's assume Sony had acted ethically once they were informed by F-Secure. The patch they created would have then been a removal tool for the rootkit. Sony would have announced that they experimented with DRM software, but unfortunately the company they hired to do this did a bad job. They would announce the patch in the same instance, sever their ties with that software company and recall the CDs. Sony would acknowledge F-Secure's role in notifying them of the problem. That would have been the correct and ethical response by Sony BMG. I doubt anyone would have critized F-Secure then for notifying Sony first. Unfortunately for Sony, they tried to cover it up. Reminds me of a comment I read in an article about the CIA leak investigation. The reporter noted that with Watergate and the CIA leak investigation, the cover up was a worse offense than the actual incident. I guess Sony executives didn't read that story.

    14. Re:Impressions by Phanatic1a · · Score: 1

      Its called proffesional courtesey.

      Professional courtesy applies between professionals in the same field.

      That's not the case here. It's not like Sony designed a piece of software which was intended to be innocuous, but inadvertantly contained bugs that opened up security holes. That *is* the case with IE, and with IE you *can* make the case that it's a good thing to privately notify the vendor of the flaws in their software and give them some time to fix the issue before you trumpet the vulnerability to the world.

      But this was malware, plain and fucking simple. The software wasn't bugged. The software did precisely what it was designed to do: install itself to the user's computer without providing him with full information on what it was going to do once it was installed, and once installed to conceal itself from the OS itself, interfering with its routine operations and sending information back to Sony. The fact that it also opens up the user's system to other infections just makes things worse, but even *absent* that, this was *no different* from any other virus or piece of spyware.

      So what's this professional courtesy you're blathering about? The makers of security software aren't in the practice of treating virus and malware authors with professional courtesy, and providing them a chance to fix their malware before issuing a public announcement and a fix.

      Don't let Sony's size or financial wealth entitle them to professional courtesy. In this instance, they acted no different from a script kiddy, and deserve exactly the same courtesy: none at all. The people who inadvertently infected their systems with Sony's malware because they were foolish enough to trust a large corporation not to write such immoral software and install it without their knowledge or permission are the ones who deserve the courtesty of a rapid announcement and fix.

    15. Re:Impressions by Phanatic1a · · Score: 3, Insightful

      A serious flaw that could be exploited by a worm is discovered in Windows. All one needs to write a worm is to know some vague information about the flaw, e.g. where to look for it.

      This analogy doesn't work.

      This wasn't a flaw being exploited by some immoral third party. This wasn't a bug, this wasn't an unforeseen error in functionality.

      This was malware, doing precisely what it was intended to do.

      F-Secure was acting in the best interest of the people who had been infected by this rootkit.

      No, they weren't. What would have been acting in the best interested of the people who had been infected would be to tell people "You've been infected by a rootkit."

      However, they gave Sony BMG a reasonable chance in fixing the security holes, as they do give any other company rightly so.

      They do?

      They give the authors of viruses and trojans the chance to fix their viruses and trojans before they offer fixes for them?

      Oh, they don't do that? Then why should they do that for Sony when Sony deliberately releases malware into the wild?

      Once again, this was not a bug. This was malware. You don't notify authors of malware that you've found their stuff, and give them an opportunity to rewrite it to be slightly less mal before you go public. You write a fix, and notify the public.

    16. Re:Impressions by Anonymous Coward · · Score: 0

      Mod both down.

      An Internet Explorer bug is often just one erroneous code line, but at other times it can be a fundamental design flaw where a large portion of the code has to be rewritten. You could say that the idea of using a rootkit was just one erroneous line in some high-level description at Sony. The difference is not earth and sky. F-Secure was expecting Sony to "fix it" by removing the rootkit functionality, quite simply.

    17. Re:Impressions by noamsml · · Score: 1

      The problem is that sony's DRM is not innocent software that contains bugs. Instead, it is a peice of malicious code as of itself, which also opens a backdoor allowing other virus writers to use it to cloak other malicious code.

    18. Re:Impressions by LurkerXXX · · Score: 1

      They might have been giving time for Sony to prepare a real uninstall utility for release to cleanse machines quickly, before any wild expoits were released. Yes, this is very different from the IE bug in that it was willful, but F-Secure might have realized Sony didn't have a un-installer waiting in the wings, and tried to wait a bit to give them a chance to write one, to lessen the time between public disclosure the ability to quickly remove the software. Giving the hackers less of a window to exploit it. I can't fault F-Secure for waiting a few weeks. All the fault on this one is squarely on Sony's shoulders.

    19. Re:Impressions by Anonymous Coward · · Score: 0
      Let's face it: By telling Sony about it and not going for public disclosure F-Secure accomplished nothing but let even more users get infected by this rootkit. Sony is not a software company, there wasn't a flaw in a software that needed to be fixed, but the software itself removed! That requires no cooperation on behalf of Sony.

      Yes, "Sony is not a software company," and a software security company does them the courtesy of gently tapping them with the cluestick.

      Sony disregards this and helps prove (mal)intent. They could have had a genunine uninstall ready before the press release. They didn't. F-Secure may have accomplised more than you think.

    20. Re:Impressions by aug24 · · Score: 2, Insightful

      You can't 'patch' a rootkit to turn it into 'not a rootkit'.

      F-Secure shouldn't have given Sony a chance at all - they should have added a signature so that if I stuck a Sony CD in my machine it would be detected and I would be warned. What the fuck else would I want their product for?

      Justin.

      --
      You're only jealous cos the little penguins are talking to me.
  11. recalled? by wazzles · · Score: 5, Funny

    It recalled millions of CDs recorded by 52 artists, including Van Zant, Celine Dion, and Neil Diamond. CDs by these artists should have been recalled anyway, rootkit or not.

    1. Re:recalled? by Anonymous Coward · · Score: 1, Informative
      A recent trip to Best Buy that I took revealed that many contaminated albums are still on the shelves. Some recall.

      If it was discovered that one of Ford's vehicles had faulty seat belts, dealers would certainly not continue selling the affected vehicles before having the problem addressed. Why is it permissible for retailers to continue offering these tainted discs? It makes me wonder if retailers could also be held responsible to some degree in the upcommming lawsuits against Sony.

      Always remember to look for this logo before purchasing audio compact discs. It ensures that the disc follows the Red Book standard which does not permit anything but music.

    2. Re:recalled? by Al+Dimond · · Score: 1

      IIRC the Sony CDs have perfectly valid audio tracks plus a data track (is this correct terminology?). The data track contains some stuff that takes advantage of Windows autorun to install the rootkit. I'm pretty sure that since everything in the audio tracks is completely uncorrupted CD Audio it meets the Red Book standard.

    3. Re:recalled? by Shakes268 · · Score: 1

      How can you have something against Neil Diamond? Celine, I can see - but Neil?

    4. Re:recalled? by nathanh · · Score: 0, Offtopic
      It recalled millions of CDs recorded by 52 artists, including Van Zant, Celine Dion, and Neil Diamond. CDs by these artists should have been recalled anyway, rootkit or not.

      Nah mate! Neil Diamond will do Crunchy Granola. Good song! Da na na - neh - neh - neh...

      /obscure?

    5. Re:recalled? by Anonymous Coward · · Score: 0
      The Red Book standard is for discs that contain only audio data.

      What you have described, (a disc with both audio and computer data), is an Enhanced CD which falls outside the bounds of the Red Book standard.

      Enhanced compact discs are a combination of modes on a multisession disc (defined by the Blue Book standard). More information about the various standards is available here.

  12. Sony Root Kit foiled my attempts by buddhahat · · Score: 0, Offtopic

    to spread the love of Neil Diamond to all and sundry across the internet. I had so hoped to illegally share that ND CD... damn you Sony!

    --
    ------ How can making people laugh lead to bad karma?
  13. Quick somebody by FunctionalMethod · · Score: 0, Troll

    involve Microsoft!

    --
    -- TRUST ME! I KNOW WHAT I'M DOING!
  14. Re:They shouldn't have recalled the CDs by southpolesammy · · Score: 1

    No technical solution exists to correct the lack of taste of the potential buyers of these CDs. Even Orrin Hatch's PC Bomb isn't sufficient.

    --
    Rule #1 -- Politics always trumps technology.
  15. Obligatory by LilJC · · Score: 4, Funny

    "I'm a recall coordinator. My job was to apply the formula. It's simple arithmetic. It's a story problem. A new car built by my company leaves Boston traveling at 60 mph. The rear differential locks up. The car crashes and burns with everyone trapped inside. Now: Do we initiate a recall? You take the number of vehicles in the field (A) and multiply it by the probable rate of failure (B), multiply the result by the average out-of-court settlement (C). A times B times C equals X. If X is less than the cost of a recall, we don't do one."

    --

    The only thing more dangerous than a file named -rf is renaming it -rf\ /
    1. Re:Obligatory by nb+caffeine · · Score: 5, Funny

      What car company do you work for?

      --

      "Something's wrong with you...and I hope we never do meet again." - Deftones When Girls Telephone Boys
    2. Re:Obligatory by buddhahat · · Score: 1

      It's a quote from the movie "Fight Club." Ed Norton's character plays a recall coordinator for a "major" car company.

      --
      ------ How can making people laugh lead to bad karma?
    3. Re:Obligatory by Anonymous Coward · · Score: 1, Funny

      It's a quote from the movie "Fight Club." Ed Norton's character plays a recall coordinator for a "major" car company.

      And yet, you missed the fact that the parent post was the next line in the movie... *sigh*

    4. Re:Obligatory by Jeng · · Score: 1

      When B=A and C can cost upwards of $100,000 but more likely $100 not including legal fees I really really have to wonder how much X was going to cost for the recall coordinator to not issue a recall earlier.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    5. Re:Obligatory by buddhahat · · Score: 1

      doh. I'm revoking my posting priveleges.

      --
      ------ How can making people laugh lead to bad karma?
    6. Re:Obligatory by Minwee · · Score: 4, Funny

      Now a question of etiquette. In response to your post, do I give you the ass or the crotch?

    7. Re:Obligatory by Anonymous Coward · · Score: 0

      A major one.

    8. Re:Obligatory by sunya · · Score: 1

      *WOOOOSH* GP's comment was continuation of the quote. The woman sitting next to the narrator asks the question, to which he replies : "A major one".

      --
      MLT - simple and robust open source multimedia framework for Linux
    9. Re:Obligatory by Anonymous Coward · · Score: 0

      *UNACCEPTABLE!!!*

      Get a real job you freakin' loser!

    10. Re:Obligatory by Anonymous Coward · · Score: 0

      Do both. Give him the crass.

      [ God that was sad... ]

    11. Re:Obligatory by saskboy · · Score: 1

      "You take the number of vehicles in the field (A) and multiply it by the probable rate of failure "

      Given that the number of faulty CDs = 100%, it's not hard to see why Sony held off on pulling their trash back from stores and consumers. Especially since they put the trash in there on purpose. [Tin foil hat on: Why it's almost like Microsoft putting bugs in IE so you get infected with GAIN spyware...]

      --
      Saskboy's blog is good. 9 out of 10 dentists agree.
    12. Re:Obligatory by kilgortrout · · Score: 1

      Probably Ford. Remember the Pinto's exploding gas tank? Internal documents produced by Ford in product liability suits on the pinto showed that this is precisely the methodology used. This resulted in huge punitive damages being awarded against Ford as a deterrent. Ford was also criminally prosecuted for wreckless homicide in Indiana based on this conduct but was acquited. It was the first time that a corporation had been criminally prosecuted for a common law crime IIRC.

    13. Re:Obligatory by rograndom · · Score: 2, Funny

      A major one.

    14. Re:Obligatory by doublem · · Score: 1

      Probably Ford

      I recommend reading "The Lemon Aid Guide to Used Cars" The things it teaches you about Ford and it's recall policy is very disturbing.

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
    15. Re:Obligatory by holiggan · · Score: 1

      The classic reply: "A major one" :D

      --
      "A sysadmin is a cross between a detective, a police officer, a gardener, a doctor and a fireman"
    16. Re:Obligatory by GrumpySimon · · Score: 2, Funny

      ...Ford was also criminally prosecuted for wreckless homicide in Indiana...

      Huh, I thought the wrecks were the problem.

  16. hello Sony by Anonymous Coward · · Score: 1

    N E FLAPS?
    hisssssssssssssssssssssssssssssssssss

  17. Re:They shouldn't have recalled the CDs by masklinn · · Score: 0, Troll

    I found out that emptying a full clip in the buyer's face does wonders to his musical tastes

    --
    "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
  18. As quickly as they could? by Jerry+Coffin · · Score: 4, Insightful
    Sony BMG officials insist that they acted as quickly as they could,

    In this case, "as quickly as they could" seems to really mean "as slowly as they could get away with."

    How long is it going to be before these companies realize that attacking their customers and treating them like criminals really is NOT a good way to do business? Microsoft's "product activation", Sony's rootkit, etc. ad naseum do essentially nothing to stop real hackers from copying software, music, etc., as much as they want, so the only thing they really accomplish is hurting the legitimate customers.

    These lousy business practices are reflected in their (lack of) sales too. I don't mean to say a boycott of Sony would necessarily be a bad thing, but for those who haven't looked, take a look at Sony's stock prices -- boycott or no, they're not exactly burning up the charts right now.

    Now, Sony (etc.) will undoubtedly point to Napster and such as the reason they're not doing as well recently. I don't think that's the case. I think what's happened is that Sony is now concentrating more on forcing customers to pay than they are on producing things customers want. As is visible in their stock price, that simply leads to oblivion, not prosperity.

    --
    The universe is a figment of its own imagination.

    --
    The universe is a figment of its own imagination.
    1. Re:As quickly as they could? by Jeng · · Score: 3, Interesting

      Like the metal detectors I had to go though to leave the production floor when I worked at Dell. They are there as a sign of theft deterent, not to provide real theft deterent. Oddly enough when I worked there the security staff was slipping servers out the backdoor.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    2. Re:As quickly as they could? by slavemowgli · · Score: 1

      Microsoft's "product activation", Sony's rootkit, etc. ad naseum

      To the nose? :) (Admittedly, that technically would be "ad nasum", but what you wrote is closer to that than to "ad nauseam". :))

      --
      quidquid latine dictum sit altum videtur.
    3. Re:As quickly as they could? by Misch · · Score: 1

      How long is it going to be before these companies realize that attacking their customers and treating them like criminals really is NOT a good way to do business?

      When does Sony post its fourth quarter results?

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    4. Re:As quickly as they could? by TheRaven64 · · Score: 1
      take a look at Sony's stock prices -- boycott or no, they're not exactly burning up the charts right now.

      You liked to the long term chart. Take a look at the three month one - their stock has been going up fairly consistently since the middle of October. The bad publicity doesn't seem to have dented it at all.

      --
      I am TheRaven on Soylent News
    5. Re:As quickly as they could? by budgenator · · Score: 1

      Actualy looking at the stock price over a 3 month period, it seems to be helping! Why is it that nobody seems to value good-will any more? The American Indians had a saying "Don't judge a man by what he does, or by his children but judge him by his grandchildren" now Sony a Japanese company seems to have squander a couple decades worth of brand building. The Japanese used to be the masters of long-range business plans, now it seems they to have been corupted by the only worry about the next quarter syndrome.
      Now everytime i hear the tagline "Sony the one and only" I think "thank God"

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    6. Re:As quickly as they could? by d34thm0nk3y · · Score: 1

      How long is it going to be before these companies realize that attacking their customers and treating them like criminals really is NOT a good way to do business?

      When it stops earning them assloads of cash. Unfortunately people are still buying this crap.

    7. Re:As quickly as they could? by Jerry+Coffin · · Score: 1
      To the nose? :)

      Yes -- as in "it stinks" :-)

      --
      The universe is a figment of its own imagination.

      --
      The universe is a figment of its own imagination.
    8. Re:As quickly as they could? by Tim+C · · Score: 1

      Now, Sony (etc.) will undoubtedly point to Napster and such as the reason they're not doing as well recently. I don't think that's the case.

      I don't doubt that P2P and similar is having a negative impact on sales, and I don't doubt that the impact isn't anywhere nearly as serious as most companies and the RIAA, etc make out.

      Piracy is being used as a convenient scapegoat; nothing more, nothing less. Don't think for one second that the people in charge of these companies genuinely believe everything they say in public. What sounds better? "Yes, we're having problems; truth is, we've lost direction, we just don't know what sells anymore" or "It's the pirates and their damned internet sharing, stealing our stuff! We need more help - we need stronger laws to protect us!"? Or even "Yes, it's our fault - we don't really know what to do to turn things around" or "It's not our fault, they're stealing from us almost as fast as we can make it!"?

      It's the corporate blame game to cover the execs' arses when their bosses and the shareholders ask what's happening to the juicy profits, bonuses and dividends they've come to expect.

      It's not stupidity, and it's not honest; it's business.

    9. Re:As quickly as they could? by Jerry+Coffin · · Score: 1
      When does Sony post its fourth quarter results?

      Sony's fiscal year is one quarter away from the calendar year, so their fiscal third quarter ends at the end of this year, and the earnings results should show up around the third week of January.

      For those pointing out Sony's recent increase in stock prices: it's true, but (as has also been pointed out elsethread) one of Sony's major strengths was that it used to think in terms of a lot more than just the next few months, or even the next couple of years -- they prospered primarily by building one of the strongest brand names on earth.

      I'd also add that Sony's increasing stock price does NOT seem to stem from their music division. Their most recent quarterly report includes the following tid-bit (near the top of page 3):

      Effective April 1, 2005, Sony no longer breaks out its music business as a reportable segment as it no longer meets the materiality threshold.

      This basically means that Sony's music business has shrunk (at least a percentage of their business as a whole) to the point that they're no longer required to report it as a business segment of its own -- instead, it's just part of "Other." Though the US SEC doesn't seem to have a specific requirement of what the threshold of materiality is, the commonly accepted number seems to be 5%.

      At least to me, that's an indication that while the company as a whole may be perceived as doing reasonably well, their music division really isn't doing well at all. Some of this may be related to their forming Sony BMG (i.e. joint venture between Sony and Bertelsmann AG) and part of it may be related to their buying a big part of MGM.

      Their game sales are up, electronics sales are almost flat, and music sales are down quite badly -- though in their financial statements they admit to the truth: music sales aren't down because of people "stealing" music, it's things like "Sales at SMEJ decreased compared to the same quarter of the previous fiscal year due to the absence in the current quarter of a best selling album..." (page 6 of report cited above).

      The bottom line is that Sony expects a net loss of about 10 billion Yen this fiscal year despite a small (1%) increase in overall sales.

      --
      The universe is a figment of its own imagination.

      --
      The universe is a figment of its own imagination.
  19. 2nd chance to buy one by SnarfQuest · · Score: 1

    It recalled millions of CDs recorded by 52 artists, including Van Zant, Celine Dion, and Neil Diamond.

    Watch for the recalled CD's in the bargan racks in the near future. You know that's where they will end up.

    --
    Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    1. Re:2nd chance to buy one by CoolCash · · Score: 2, Funny
      ...Van Zant, Celine Dion, and Neil Diamond

      There already there...

    2. Re:2nd chance to buy one by harrkev · · Score: 2, Interesting
      Watch for the recalled CD's in the bargan racks in the near future. You know that's where they will end up.
      I hope not.

      But if they are not destroyed, then they will be most likely be given away as a prize to the ninth caller to your local Clear Channel radio station.
      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    3. Re:2nd chance to buy one by Anonymous Coward · · Score: 0

      Nah they send them to libraries as part of the settlement. :(

  20. Anyone wonder... by Anonymous Coward · · Score: 2, Interesting

    ..how many other 'DRM kits' that were in development by other music publishers went to the toilet because of this? Or am I the only one? Bravo SONY!!! This is the fist time I saw you doing somehing good for the community.

  21. I don't think they've been pulled, needs checking by Anonymous Coward · · Score: 0

    I don't think they are taking them off the shelf. According to a newspaper article I read, they're still amply on retail shelves everywhere. Amazon is the only company that has publicly written consumers to let them know about their CDs. I bought a new CD from a company advertising on amazon's auction space, not amazon itself, and I wasn't informed.

    I think Sony said this to avoid heat. Since its too expensive to recall all those CDs, if they are caught, they will fall back to "well, we are offering an exchange if consumers write to us". This would match the other lie-ing Sony has been enganged in. For instance, they claimed to remove the rootkit, and they only removed the cloaking part of the rootkit. They made no mention of a spybot.

  22. Ok.... by Anonymous Coward · · Score: 0

    FUCK MICROSOFT, TOO!

  23. I call b.s. by akad0nric0 · · Score: 2, Insightful

    It doesn't take that many weeks to recall CD's and tell resellers to take them off of their shelves.

    They're telling the truth, in part: they reacted as fast as they could to the bad press. But not to the real issue - the flawed software.

    --
    akad0nric0

    This sentence no verb.
    1. Re:I call b.s. by Giometrix · · Score: 1

      Except this isn't flawed software. Its illegal software. Big difference, unless by "Flawed" you meant "Lack of lawfulness." Just my 2c.

      --
      Download free e-books, lectures, and tutorials at bookgoldmine.com
  24. I wonder what BusinessWeek got to print that crap by Anonymous Coward · · Score: 0
    A mea culpa after it's been exposed? Let's see some internal memos that say how they were "handling" it before it was put on the blog.

    And, of course, they blame another company, stating

    "Sony outsourced the job of writing the software to a small British consultancy called First4Internet Ltd. The resulting program, called XCP, made it possible for hackers to hide malicious code in customers' PCs."
    So, they're really really sorry they outsourced their DRM rootkit to the wrong company. Rich.
  25. One hand stabs and the other doesn't know it by Schezar · · Score: 3, Interesting

    Sony, like all megalithic corporations, behaves internally like dozens of smaller, independant companies. They're vying for their shares of the corp's limited resources and trying to justify their continued existence. I work for IBM, and it's the same way.

    That said, I wouldn't be surprised if the people who received this warning never had any contact with the people responsible for the rootkit. Intra-company communication is horrid in large corps, and often the people implementing solutions get little or no real information beyond requirements and specs from those making the decisions above them.

    One manager tells another manager who tells a team to hire people to write a DRM. Another manager gets a message about how dangerous these "rootkits" are, and forwards it to another manager who thinks "we're not making a rootkit, we're making a DRM."

    Sony's music division cannot reconcile its business with Sony's technology division. They're competing directly, and eventually one of them is going to win. I'm hoping this was another nail in the former's coffin.

    --
    GeekNights!
    Late Night Radio for Geeks!
  26. Re:They shouldn't have recalled the CDs by Bin_jammin · · Score: 4, Funny

    Wouldn't that be an upload?

  27. "... it offered exchanges to customers." by Giometrix · · Score: 4, Interesting

    This line makes me so increadibly mad. Wow, they offered to exchange something that could do damage to my finances and business for something that won't... something that they were hiding and SHOULDN'T have been on an AUDIO cd in the first place. Gee, thanks.

    For all the flak that Microsoft gets in regards to security... at least they're bugs, by bad design or not. This is something Sony deliberately put into their products. I want heads to roll.

    --
    Download free e-books, lectures, and tutorials at bookgoldmine.com
    1. Re:"... it offered exchanges to customers." by orgelspieler · · Score: 2, Funny
      I want heads to roll.

      nah. Here in Texas we use the electric chair!

    2. Re:"... it offered exchanges to customers." by bemenaker · · Score: 2, Funny

      But a guillotine is such a better deterrent!!

    3. Re:"... it offered exchanges to customers." by A_Non_Moose · · Score: 1

      This line makes me so increadibly mad. Wow, they offered to exchange something that could do damage to my finances...

      That feeling you're getting is called "The Quickening".

      --
      Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  28. I wonder... by tkrotchko · · Score: 2, Interesting

    I wonder if the artists will be "charged" for recalling their CD's and reissuing them... that would be sadly funny. Maybe it would make a few of these artists strike out on their own.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:I wonder... by Ilgaz · · Score: 2, Interesting

      The sad thing is; the artists have no clue what the hell is a "rootkit". I mean, a musician should know anything else than ProTools? :)

      Now, nobody buys the bands CD because of "virus" (Joe public). It has nothing to do with artistic stuff or taste of music. Plain technological vandal geeky stuff hitting art.

  29. Sony LOVES DRM by killercoder · · Score: 1, Interesting

    Buy any Sony DVD after Jan 1 2005 and you can't play it without using their player (or DVD Decryptor)....Why? They deliberately put bad sectors on the disk.

    Buy a Sony music CD produced after Aug 1, 2005 it installs a root kit.

    Whats next? Buy a sony Walkman and it won't play anything but a Sony CD? Idiots, time for a boycott.

    1. Re:Sony LOVES DRM by Vicsun · · Score: 3, Insightful

      Buy a sony Walkman and it won't play anything but a Sony CD?

      Sony's way ahead of you. Buy a sony Walkman "MP3" player and it won't play anything but propriatery ATRAC files. It won't even play MP3s, hence the quotation marks on MP3 above.

    2. Re:Sony LOVES DRM by brettlbecker · · Score: 1

      Ummm...

      I own a Sony Network Walkman HD-5 and it plays MP3 just fine, thank you. It *plays* MP3, ATRAC3 and ATRAC3-plus. It *reads* and *converts* WMA into ATRAC3 as part of the transfer from the HDD to the player as well. This does not affect my actual music database, only the database that SonicStage constructs out of it. My library remains unchanged, consisting almost solely of MP3 and WMA.

      I've been very happy with this player, as the sound quality, HDD size, battery life, and style are all excellent. Contary to your post, the only thing upsetting about my situation is that I can only use SonicStage to interface with the player, and SonicStage is quite possibly the worst media suite ever... but even that was a known quantity before I bought the Walkman.

      Get your facts straight -- Sony deserves a lot of criticism, but you aren't doing any good throwing around false charges like this.

      B

      --
      "We must still have chaos within in order to be able to give birth to a dancing star." --Friedrich Nietzsche
    3. Re:Sony LOVES DRM by droleary · · Score: 2

      I own a Sony Network Walkman HD-5 and it plays MP3 just fine, thank you.

      Isn't that pretty much the only one they have that plays non-ATRAC files? Didn't they release it only after having their asses handed to them with widespread criticisms over the inability of their players to actually work with common MP3 files? You're shading the truth worse than the person you're responding to. Sony is a shit company, and your need to justify your mistake in purchasing their garbage is sad.

    4. Re:Sony LOVES DRM by DrXym · · Score: 1
      I can only use SonicStage to interface with the player

      Ugh. Are you saying that when you plug the device into a computer, it doesn't even act like a removable storage device? If so, then that is a really, really, REALLY rotten piece of hardware.

    5. Re:Sony LOVES DRM by brettlbecker · · Score: 1

      Didn't see your reply until right now, but let's make a couple things clear:

      1) The parent didn't discriminate between Sony products that do and don't play MP3s. This generalization is demonstrably false. Sony may indeed have "had their asses handed to them" for not playing MP3s before now, but as of now, they have an excellent player that handles MP3 with no problems. And as far as I know, all of their newer players will handle MP3, so this is a problem that belongs in the past.

      2) I am not trying to justify buying or owning anything made by Sony. I bought the Walkman because after all of the research I did on MP3 HDD players, it came out on top *for me*. And I have been very happy with it, except, as I said, its reliance on SonicStage. I don't consider this device garbage at all. I don't feel that I was swindled, or swindled myself or any of that crap. So it's hard to understand why you'd attack me personally.

      Unless you're just a dick. But I'll withhold judgment on that.

      B

      --
      "We must still have chaos within in order to be able to give birth to a dancing star." --Friedrich Nietzsche
    6. Re:Sony LOVES DRM by droleary · · Score: 1

      The parent didn't discriminate between Sony products that do and don't play MP3s.

      And neither did you! That's why I pointed out you "happened" to name the sole player of theirs that supports non-ATRAC audio.

      And as far as I know, all of their newer players will handle MP3, so this is a problem that belongs in the past.

      Well, unless you're astroturfing, you don't know any more than the rest of us. Looking at their current selections, they're still selling a crapload of ATRAC-only players. As far as I know, they see their main strength as the ATRAC format, and that's true enough from a proprietary-lock-the-fool-consumer-in standpoint.

      I am not trying to justify buying or owning anything made by Sony.

      You should. Everyone with half a brain has a justification for a purchase.

      I bought the Walkman because after all of the research I did on MP3 HDD players, it came out on top *for me*.

      Then you should have mentioned why! That's the only way anyone out here can know if your justifications are rational or irrational.

      So it's hard to understand why you'd attack me personally.

      I didn't attack you. I attacked Sony, which is the general subject for this article. You do support them in buying things other than their rootkit CDs. That's not good, but mentioning that is hardly an attack on my part.

      Unless you're just a dick. But I'll withhold judgment on that.

      Oh, I most certainly am a dick. That doesn't make me wrong, though. As much of a prick as I may be, I've never tried to root your system or otherwise lock up your music.

    7. Re:Sony LOVES DRM by brettlbecker · · Score: 1
      Dude, the first thing you need to do is calm down.

      And neither did you! That's why I pointed out you "happened" to name the sole player of theirs that supports non-ATRAC audio.

      I most certainly *did* discriminate between players: I stated flatly which player I use along with the fact that it *does* play MP3. I never equated that with "because mine does, they all do". I pointed out to the parent that his generalization is inaccurate and unfair.

      Well, unless you're astroturfing, you don't know any more than the rest of us. Looking at their current selections, they're still selling a crapload of ATRAC-only players. As far as I know, they see their main strength as the ATRAC format, and that's true enough from a proprietary-lock-the-fool-consumer-in standpoint.

      My point about future Sony MP3 players is deduced from the fact that, having added support for the format, it would not make much sense to remove it again in the next couple generations. You bring in a userbase and play, without altering mind you, files in MP3 format and then turn around and decide to suddenly *not* play them? Sony deserves a lot of heat, sure, but even they are not *that* stupid. Regardless of how they feel about ATRAC, they have recognized that the userbase uses mainly MP3. They've already locked in users of WMA by automatically converting WMA to ATRAC3plus during the transfer but they have kept straight MP3-playing functionality. To remove that functionality now would be suicide.

      You should. Everyone with half a brain has a justification for a purchase.

      Lame.

      Then you should have mentioned why! That's the only way anyone out here can know if your justifications are rational or irrational.

      More lame. You seem to really enjoy telling others what they should and shouldn't do. How about you consider the context of what I post instead.

      I didn't attack you. I attacked Sony, which is the general subject for this article. You do support them in buying things other than their rootkit CDs. That's not good, but mentioning that is hardly an attack on my part.

      Pure bullshit. Watered down, all you've said is, "Sony sucks. You use Sony. Therefore, you suck." Oh, and by the way, I bought the player long before this rootkit issue became known.

      Oh, I most certainly am a dick. That doesn't make me wrong, though. As much of a prick as I may be, I've never tried to root your system or otherwise lock up your music.

      Neither the Walkman nor SonicStage does nothing with my music library, as I already said. The only change that is made to anything is during the transfer to the player, and I don't really care what happens to the music on the player as long as my library remains untouched. I don't buy Sony CDs, and never will again after this rootkit shit. And really, why be a dick? Other than the obvious fun, I mean. It really is a drag.

      B

      --
      "We must still have chaos within in order to be able to give birth to a dancing star." --Friedrich Nietzsche
    8. Re:Sony LOVES DRM by droleary · · Score: 1

      Dude, the first thing you need to do is calm down.

      Rest assured, I'm quite calm. Perhaps you're experiencing transference?

      I most certainly *did* discriminate between players: I stated flatly which player I use along with the fact that it *does* play MP3.

      If you only mention one player, where's the possibility of discrimination? It's not like you said you have Sony's only MP3 player; I had to point that out, and now you're getting all twisted over the fact that your claims of generalization contain generalizations of their own.

      My point about future Sony MP3 players is deduced from the fact that, having added support for the format, it would not make much sense to remove it again in the next couple generations.

      So it's essentially baseless? You could just as easily say that since they've only bothered with one MP3 player, they're as likely to end-of-life it and go back to ATRAC-only offerings. How about we both wait for Sony's next move instead of talking out of our asses?

      You bring in a userbase and play, without altering mind you, files in MP3 format and then turn around and decide to suddenly *not* play them? Sony deserves a lot of heat, sure, but even they are not *that* stupid.

      Are you taking wagers and giving me odds? My bet is that Sony is definitely that stupid, and worse!

      They've already locked in users of WMA by automatically converting WMA to ATRAC3plus during the transfer but they have kept straight MP3-playing functionality. To remove that functionality now would be suicide.

      Would it, from their backwards perspective? I mean, if they really were hot for MP3s, why wouldn't they have done the conversions to MP3 instead of their proprietary format? They're clearly deeper into ATRAC than MP3, so I can easily see a Sony exec saying that direct MP3 support across the board is still not necessary.

      You seem to really enjoy telling others what they should and shouldn't do.

      No, I'm simply informing others that there are consequences, many of which should be obvious, to their actions. If you can't say why you decided to buy Sony, the consequence is that I'll assume there is irrational justification behind your post. You are welcome to correct me by posting any overwhelming ration reason to buy Sony.

      Watered down, all you've said is, "Sony sucks. You use Sony. Therefore, you suck."

      Inaccurate. People will think you suck. I'm not those people. Instead, I'm figuring out you suck based on how you're posting over the issue.

      The only change that is made to anything is during the transfer to the player, and I don't really care what happens to the music on the player as long as my library remains untouched.

      Which would be reasonable, if there were no penalty in transcoding. There is also some advantage to being able to pull songs off the player in their native format, and Sony has always been the king of locking down what is supposed to be your audio. Given all the other choices in the music player market, I don't see any good reason to buy Sony.

      And really, why be a dick? Other than the obvious fun, I mean. It really is a drag.

      On the contrary, it is always better to be a villain than a hero. A hero's actions are limited by what is common good, where the anti-hero can do both good and bad things. It's like swearing. Some people decide to limit themselves by cutting off a major section of linguistic expressiveness. I say fuck that!

    9. Re:Sony LOVES DRM by ucblockhead · · Score: 1

      All new Sony players support MP3s on the device. Everything from the HD-3 on for the hard drive players, IIRC, as well as a number of the flash players. The software still sucks utter shit and you are better off buying an iRiver or something, but Sony management give up on their attempt to force ATRAC about nine months or so ago.

      --
      The cake is a pie
    10. Re:Sony LOVES DRM by droleary · · Score: 1

      All new Sony players support MP3s on the device. Everything from the HD-3 on for the hard drive players, IIRC, as well as a number of the flash players.

      Do you happen to have a link? Everything I was bringing up only showed that 20GB player as having actual MP3 hardware. Maybe my searches were just returning old pages, or pages just pushing Sony's ATRAC crap. I'd really, really like to see something that say exactly what formats are supported by the player instead of some shit saying it's supported, only with a footnote leading to "with included software". Of course, that's probably like asking them to list battery times and song capacity for reasonable use, not just some low bitrate ATRAC crap.

    11. Re:Sony LOVES DRM by ucblockhead · · Score: 1

      I have a flash based walkman that plays MP3 natively.

      The latest harddrive player released in Europe and Japan also plays WMA natively. (It'll hit the US in the spring.)

      Software is required because of some stupid song database shit the players require. SonicStage makes it pretty clear when it is transcoding and when it is just copying. (If for no other reason than that the transcoding takes fucking forever.)

      Where are you looking? I've got three different players from three different product lines that all play MP3s.

      Pretty much every player after the HD-1 has supported MP3 as internally many in Sony blamed its failure on lack of MP3 support.

      --
      The cake is a pie
    12. Re:Sony LOVES DRM by droleary · · Score: 1

      Where are you looking? I've got three different players from three different product lines that all play MP3s.

      My first searches mainly turned up stuff here. Maybe it's just a UK thing, but few of those listed players jump up and say MP3 support. Even in the details it is unclear if they do or they just transcode. Sony marketing just sucks if a NW-E505 does support MP3 but a NW-E507 doesn't (or does or might or whatever!)

    13. Re:Sony LOVES DRM by brettlbecker · · Score: 1

      Now that this has turned into something completely different, and also ridiculous, let's see where we stand.

      The parent of my original post stated flatly, in a broad generalization, that Sony "MP3" players do not play MP3s. The entire purpose of my response to this post was to point out that this is untrue and unfair. I did this by posting that I in fact *have* a Sony MP3 player which *does* play MP3 format natively. In no way did I ever say anything such as "because my player plays MP3, all Sony players play MP3". To derive such an idea is moronic. This is the discrimination.

      Parent: "Sony 'MP3' players do not even play MP3"
      Me: "The Network Walkman HD-5 that I have does"

      That is a distinction, the only point of which was to point out the flaw in the parent's generalization. It's inferred, but it's there -- if you can't see it, well, too damn bad.

      The entire rest of my post, and consequently most of the rest of this shit-fest, was unrelated to this first comment. Nitpicking everything in the post, telling me to "justify" this and that and comparing what I said to "people with half a brain" is not only an attack, but missing the only point I made in my original post.

      I don't care what you think about Sony. I have my own opinion of them, and I act on that opinion. As my opinion and my resultant actions have nothing to do with the original point of my post, nothing about the point of my comment *or* my opinion of Sony necessitates me justifying my reasons for buying or not buying their products. I was not even defending Sony -- only pointing out an error in the original generalization.

      I bid you good day -- onto other, hopefully better, things.

      B

      --
      "We must still have chaos within in order to be able to give birth to a dancing star." --Friedrich Nietzsche
    14. Re:Sony LOVES DRM by ucblockhead · · Score: 1

      For each player on that site, click on "Technical Specifications" and then search for "Direct MP3 playback".

      And yes, Sony marketting sucks. Not much more I want to say as a non-AC.

      --
      The cake is a pie
    15. Re:Sony LOVES DRM by droleary · · Score: 1

      For each player on that site, click on "Technical Specifications" and then search for "Direct MP3 playback".

      And it comes up with nothing for the NW-E507, or any of the others I tried (excepting the few HD models it says are plainly MP3 players). Maybe I'm still confused, but it is all kinds of unclear how many ways a NW-E507 might differ from a NW-E505. That's why I can't fault at all the person who used "MP3" to describe Sony music players.

    16. Re:Sony LOVES DRM by ucblockhead · · Score: 1

      The NW-E507 definitely plays MP3s. At least, the NW-E505 does (it's what I have) and the NW-E507 is the same player with twice the memory.

      --
      The cake is a pie
    17. Re:Sony LOVES DRM by droleary · · Score: 1

      The NW-E507 definitely plays MP3s. At least, the NW-E505 does (it's what I have) and the NW-E507 is the same player with twice the memory.

      Well, there's the rub. I agree a product labeled NW-E507 should be better than one labeled NW-E505. It may even be better, but you sure as hell wouldn't know it by looking at Sony's own site. Maybe the copy is outdated or may UK customers are getting screwed with old stock (the page even says "Please be aware that the features/specifications can differ from country to country." Who markets the same product name with different specs just because it's a different country?). Whatever the case, you can hardly fault the public for getting the impression that Sony still doesn't have widespread MP3 support. They should be bending over backwards to correct their ATRAC-only misstep, but they aren't and their lack of market-share follows. Heads would be rolling if I was in charge. As it stands, I (and so many others) can only vote with my wallet (and we have :-).

  30. Sadly, Sony has to learn the same lesson by WindBourne · · Score: 1

    Back in late 80's/early 90's, I worked at HP. Back then, openings in HP woudl take forever to get done. But that was also true of all the other unixes. By '95, the *nixes were cleaning up their acts. So, it was MS that took forever (and many would argue still do).

    So now, we have appliances (cisco comes to mind), and even consumer manftr. that are taking forever.

    Hard lessons are never learned until law suits hit. Too bad that ethics do not seem to matter in business or politics.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  31. Re:Proves public disclosure is the best for securi by Concerned+Onlooker · · Score: 4, Insightful
    Until a security hole is widely published

    I don't think this was a security hole so much as breaking and entering. I realize the players are different here but didn't Kevin Mitnick spend years in jail for stuff like this? I guess when a corporation hacks a consumer it's OK.

    --
    http://www.rootstrikers.org/
  32. This is wonderful! by drinkypoo · · Score: 2, Insightful

    It's always a lot easier to bust a corporation when there is evidence that they knew they were doing something wrong. Haven't you seen Erin Brockovitch? :D

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:This is wonderful! by tgd · · Score: 2, Funny
      blah blah blah bust blah blah blah blah Erin Brockovitch? :D

      Huh? What?

  33. Re:They shouldn't have recalled the CDs by Delphiki · · Score: 0, Troll

    Wow, I'm intrigued by your brilliant musical insights. Even though you can't download it to their hard drives, you should at least start a newsletter, to tell everyone why the music they like sucks and why they should listen to what you tell them to instead.

    --

    Feel free to mod me "-1 - Angry Jerk".

  34. ! B ! O ! Y ! C ! O ! T ! T ! sony by dan+of+the+north · · Score: 2

    Not forever, just until January 02 /06.

    If Sony misses out on the Christmas rush perhaps they, and the rest of the E! industry, will figure out that their customers don't like to be harrassed, lied to or spied on.

    !!! - Arista Records, BMG Classics, BMG Heritage, BMG International Companies, J Records, Jive Records, LaFace Records, Provident Music Group, RCA Records, RCA Victor Group, RLG - Nashville, Sony Urban Music, So So Def Records, Verity Records, Columbia Records, Epic Records, Legacy Recordings, Sony Classical, Sony Nashville, Sony Wonder, Sony Ericsson, Sony Music, Sony Pictures, Sony Electronics & PlayStation. - !!!

    Sony's actions were egregious, their behaviour is arrogant and their response has been without remorse.

    A six week consumer action just might have the effect of reaching into the corporate boardrooms and making those who approve such actions pause. A six week consumer action just might make pension funds and other big $$ investors smack corporate leaders upside the head and direct them to 'do no evil'. A six week consumer action just might tip the balance, for a little while anyway, away from unaccountable corporate malfeasance.

    Please keep in mind that while Sony is the target of this boycott; it is the insatiable, unconscionable corporate thinking that perverts any reasonable interpretation of capitalism that needs to be reformed... My hope is that Sony can go from loser to leader.

    1. Re:! B ! O ! Y ! C ! O ! T ! T ! sony by djdanlib · · Score: 1

      So, you're going to try to single-handedly start a boycott right during the Christmas shopping season, when all the kids are begging their parents for the PS3 and all those PlayStation games, music CDs, DVDs, TVs, DVD players, headphones, digital cameras, movie tickets, and miscellaneous electronics devices they've been wanting, so that Sony execs will say "Oh, how wrong we have been to value our money so much"? How exactly did you plan for this to work, and who do you think is going to listen that will make any sort of significant impact on Sony's finances?

      Remember, they blame their losses on piracy, rather than more probable causes, so if people suddenly stop buying from them... guess who takes the blame: Pirates! Arr, those horrible scallywags!

    2. Re:! B ! O ! Y ! C ! O ! T ! T ! sony by Lumpy · · Score: 1

      get realistic. it is 100% impossible to get the public to do anything. Hell the lure of a new shiney is enough to make most consumers burn themselves over and over.

      asking for a 6 week boycott? That's like asking for Ohio to swap places with Indiana. It will never EVER happen.

      --
      Do not look at laser with remaining good eye.
    3. Re:! B ! O ! Y ! C ! O ! T ! T ! sony by Anonymous Coward · · Score: 0

      Can we at least get Hawaii to switch w/ Illinois? (I need a tan :)

    4. Re:! B ! O ! Y ! C ! O ! T ! T ! sony by Red+Alastor · · Score: 1

      What's wrong with boycotting them forever ? It's not like I have to buy from them to get a TV, mp3 player or console.

      --
      Slashdot anagrams to "Sad Sloth"
    5. Re:! B ! O ! Y ! C ! O ! T ! T ! sony by payndz · · Score: 1
      So, you're going to try to single-handedly start a boycott right during the Christmas shopping season, when all the kids are begging their parents for the PS3

      Wait, the PS3 is out? Has anyone told Microsoft?

      --
      You must think in Russian.
    6. Re:! B ! O ! Y ! C ! O ! T ! T ! sony by Homology · · Score: 1
      get realistic. it is 100% impossible to get the public to do anything. Hell the lure of a new shiney is enough to make most consumers burn themselves over and over.

      Not quite so. Instead of a total boycott of all Sony products, just spend less money on the companys products. You can be sure that Sony take notice of even a 5% reduction in sales. I will do this for some time.

    7. Re:! B ! O ! Y ! C ! O ! T ! T ! sony by Anonymous Coward · · Score: 0

      FWIW I am boycotting Sony products until they change their behavior.

  35. Suicide? by Hope+Thelps · · Score: 1

    It's like they're BEGGING the EFF to add to their complaint "the rootkit was so deeply embedded and so thoroughly concealed that Sony themselves say it would take even them a month or more to create an uninstaller".

    Sony have got to be trying to lose. Nobody could be this incompetent by accident.

    --
    To summarise the summary of the summary: people are a problem. ~ h2g2
  36. Sony BMG didn't understand the software ???? by Chaffar · · Score: 1
    Sony BMG didn't understand the software it was introducing to people's computers"

    Really, then I suppose that when the head of Sony BMG's global digital business, Thomas Hesse, told National Public Radio:"Most people, I think, don't even know what a rootkit is, so why should they care about it?" I assume that he includes HIMSELF as part of those "people".

    Sony BMG officials insist that they acted as quickly as they could, and that they expected to be able to go public and offer a software patch at the same time. However, Russinovich posted his blog item first, forcing Sony BMG to scramble to contain the crisis.

    Bad Russinovich, not giving Sony enough time to "do the right thing" [be a man ;)] I'm sure they were going to go public with the glitch as soon as they had found out about it. Because Sony is irresponsible enough to install software which they don't even "understand" apparently, I'm supposed to believe them when they claim that they were going to act responsible and actually go public with this thing? What the f*ck ever...

    1. Re:Sony BMG didn't understand the software ???? by Anonymous Coward · · Score: 0

      Really, then I suppose that when the head of Sony BMG's global digital business, Thomas Hesse, told National Public Radio:"Most people, I think, don't even know what a rootkit is, so why should they care about it?" I assume that he includes HIMSELF as part of those "people".

      Very likely, he didn't. I'm sure he wouldn't it running on his computer, if he actually knew what the hell it was.

  37. Re:They shouldn't have recalled the CDs by 1_brown_mouse · · Score: 1

    Make them all have Heavy Metal bouncing around in their heads?

  38. Scrambling to contain the crisis by digitaldc · · Score: 4, Funny

    Phony Sony put its CDs on a shelf
    Phony Sony had a rootkit which installed itself.
    But all of Sony's lawyers and all of Sony's PR men,
    Could not put the integrity back into Sony again.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Scrambling to contain the crisis by slavemowgli · · Score: 2, Funny

      I'm not sure if the "scrambling" in the title is an intentional pun here, but if it, it's brilliant - hats off to you. :)

      --
      quidquid latine dictum sit altum videtur.
  39. Sony has become an arrogant company? by PCM2 · · Score: 1

    Good lord, I thought I'd never see the day.

    --
    Breakfast served all day!
  40. "It" usage by Anonymous Coward · · Score: 1, Funny

    It recalled millions of CDs recorded by 52 artists, including Van Zant, Celine Dion, and Neil Diamond. Plus, it offered exchanges to customers.

    It rubs the lotion on its skin. It does this whenever it's told.

    1. Re:"It" usage by Anonymous Coward · · Score: 0

      I think you meant "I rub the lotion on my skin...". Er, never mind.

    2. Re:"It" usage by conJunk · · Score: 1

      really? doest it = sony in both cases?

    3. Re:"It" usage by Anonymous Coward · · Score: 0

      I can smell your cunt.

  41. Re:Proves public disclosure is the best for securi by pdschmid · · Score: 1

    It depends how serious the affected company is about security. I like the idea of having a patch available concurrent with the disclosure of a threat. In this case Sony was trying to cover up its illegal doings, so they had no real interest in patching. I doubt that F-Secure would have let Sony get away with this for much longer.

  42. lawsuit season by ltwally · · Score: 2, Interesting

    Normally, I'm not in favor of suing. Seems that there are far too many frivolous lawsuits, these days. In Sony's case, however, I'll go so far as to say that they deserve to get their ass handed to them in court.

    Not only did they put something like this in their cd's, but they were warned by a respected security/anti-virus firm about it... and they did nothing until the public caught on. An example needs to be made of companies that behave like this.

    I say, write your state legislator as well as your congressmen and senators, and urge everyone to sue. Let those <sarcasm> lovely </sarcasm> DMCA laws work in our favor, for once.

    --



    /dev/random
  43. It doesn't matter. by gasmonso · · Score: 3, Insightful

    Until there are devastating consequences for any company that dies this, it just doesn't matter. 90% of the their customers don't even know about this, and the ones that do, don't fully understand it. This can only change once the average consumer is educated on the issue and there are successful lawsuits that punish companies like Sony. Sony knows that this will blow over in a few months and most people will forget about it (except Slashdot readers of course). People will just continue to buy cds like they always have.

    gasmonso http://religiousfreaks.com/
    1. Re:It doesn't matter. by ewe2 · · Score: 1

      This is precisely why may so-called "security" companies also did nothing. DRM isn't going to work if the victims^H^H^H^Hcustomers are aware that they're being restricted. DRM is only going to succeed if it's so ubiquitous users give up and accept their presence anyway. It's just like so many privacy policies: if you don't know how to opt-out, you accept by default the loss of your privacy and companies are free to buy and sell your information. What, you didn't know they were doing that already?

      The parent is correct. Even actual deaths aren't going to change anything if noone challenges corporate excuses and PR.

      --
      insecurity asks the wrong question irritation gives the wrong answer
    2. Re:It doesn't matter. by fdiskne1 · · Score: 1

      Until there are devastating consequences for any company that dies this

      Bit of a Freudian slip, gasmonso?

      --
      But why is the rum gone?
  44. Re:Proves public disclosure is the best for securi by Anonymous Coward · · Score: 0

    Exactly and because sony did not publically apologize and do everything in their power to fix it My self and many others will never EVER buy another sony product again.

    I do not care about the PSP or audio or TV or whatever are seperate. the main corperate management are to blame here and because they are untrustable I will forever boycott them until they issue a public apology to everyone on the planet admitting to the underhanded BS they tried to pull.

    I.E. they never will.

  45. Define 'serious' by Billosaur · · Score: 1

    From Business Week: That's when F-Secure got into the act. Guarino sent an e-mail to the Finnish company, since it makes the rootkit-detector software that he used to investigate. F-Secure did its own investigation and notified Sony DADC, which manufactures Sony BMG CDs, on Oct. 4. Sony BMG says the e-mail, which was forwarded to it on Oct. 7, didn't signal a serious security issue.

    Let's see: someone tells you that the software you are blithely putting on other people's computers has a security flaw, one that potentially leaves millions of machines vulnerable to attack, and that's not considered "serious"? I think we should all be grateful that the Sony's executives are not running the country... but then again, maybe they are?

    --
    GetOuttaMySpace - The Anti-Social Network
  46. Re:They shouldn't have recalled the CDs by jx100 · · Score: 3, Funny

    They suddenly like gangsta rap?

  47. Never underestimate incompetence by Overzeetop · · Score: 2, Funny
    Never underestimate the incompetence of a large organization, nor the ability of middle managers to hide career-stopping errors for short* periods of time.


    *Short is generally between 60 days and 4 years - sometimes longer, but rarely shorter. It is mostly dependent on the type of auditing done, the desire of upper management to find a scapegoat, and the amount of publicity surrounding the original erroneous decision.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  48. Got a link? by Gruneun · · Score: 1

    Buy any Sony DVD after Jan 1 2005 and you can't play it without using their player (or DVD Decryptor)....Why? They deliberately put bad sectors on the disk.

    I buy tons of DVDs and I have never encountered this problem. Not just in my Sony DVD player, mind you, but in my computer, my Xbox, my Pioneer DVD player, or my car's player. Not to mention, the first reaction of a consumer will be to exchange the disc, not buy a new DVD player, let alone a Sony model.

    I will admit, though, that it's the Sony DVD player that is the most likely to have problems reading a disc. I do attribute that problem to them.

  49. Re:They shouldn't have recalled the CDs by EnderWiggin99 · · Score: 1

    In line with parent, hone your skills. There will be some openings at Sony Music fairly soon I wager.

  50. Who cares when Sony was warned... by person-0.9a · · Score: 3, Insightful

    This has already been said by Bruce Schneier, but...

    F-Secure warned Sony about the dangers on October 4th, yet still failed to protect any of it's users in a timely manner.

    1. Re:Who cares when Sony was warned... by Daedala · · Score: 1

      No, that's not what he said.

      "Perhaps the only security company that deserves praise is F-Secure, the first and the loudest critic of Sony's actions. And Sysinternals, of course, which hosts Russinovich's blog and brought this to light."

      F-Secure has been very upfront throughout that they were trying to work with Sony on this. A month is certainly ok, especially given how deeply this hooks into the system. Releasing the information with a working, non-system-exploiting removal tool would have been much better all around, and they were entirely responsible and reasonable to try to do that.

      (Russinovich was also entirely responsible and reasonable to publish, too. There is Irresponsibly Fast Full Disclosure, Responsible Full Disclosure, Irresponsibly Slow Full Disclosure, and No Disclosure. It's a continuum. Both F-Secure and Russinovich were, imo, inside the Responsible Full Disclosure window.)

      --
      What I say does not represent the views of my employers, my friends, my cats, or myself.
    2. Re:Who cares when Sony was warned... by person-0.9a · · Score: 1
      Yes, Bruce Schneier called out F-Secure to be praised for it's open criticism of Sony-BMG's rootkit.

      However, as I read the article, it seems to me that he was calling all security companies to task for their lack of action in removing Sony's malware.

      In that same article.

      "... A dangerous and damaging rootkit gets introduced into the wild, and half a million computers get infected before anyone does anything.
      Who are the security companies really working for? ... "


      And thus the point I was making about Bruce Schneier already tackling this issue. F-Secure knew about this particular rootkit. They decided to work with Sony to hopefully get a well engineer patch out. That is commendable, but while they were talking with Sony it appears they left many people vulnerable to having this malware make it onto their system.

      It's a rock and hard place for F-Secure, but not stoping the install seems to be in conflict with protecting it's customers.
  51. But they wouldn't listen by Pac · · Score: 1

    Yeah, yeah, I have been told many times before my musical insights are brilliant. But, you see the problem, the unwashed masses are not prepared or willing to listen to me. That is why the rootkit solution is so good - one could even leave the filenames intact and change the file under them and there you are: the unsuspecting listener fires up his/her usual playlist and suddenly Celine Dion sounds heavenly.

  52. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  53. Full Disclosure is Hard by Daedala · · Score: 4, Interesting

    I disagree. I think F-Secure did great. I also think Mark Russinovich did great.

    I think that it would have been much better if the news could have broken with a worken, well-engineered patch. This is always preferable. F-Secure was trying to make this happen. A month is not a long time. Yes, a lot of people were infected in that month; but a lot of people were infected anyway. F-Secure did a right thing.

    On the other hand, Russinovich also did a right thing. This software was not a mistake; it was deliberate. People were getting infected and had no idea. Clearly, people should know about this. Clearly, the corporation did not give a rat's ass about their users.

    I like responsible full disclosure: give the maker time to fix it, and publish with a patch when possible. But don't allow eternal "patch development," and make sure disclosure happens. There is room for disagreement among people of good will and high ethics.

    Sony need not apply to that group,though.

    --
    What I say does not represent the views of my employers, my friends, my cats, or myself.
  54. Can't trust the company. by Descalzo · · Score: 2, Insightful
    Actually, it is my firm belief that you CAN trust a successful company to do things that are in their best interests. Clearly, they seem to think that customer ignorance is good for business. Why would they think that? Perhaps we have trained them to think that. The real lessons here are:
    Be proactive.
    Watch out for yourself.
    The only way to get a corporation to look out for your best interests is to convince it (remind it?) that your interests are their interests (happy customers!).
    Make your interests clear by voting with your wallet. Is there a company out there that tries to fix security holes before the customer knows about them? If so, buy your products from them.

    As I wrote that last bit, it occurred to me: perhaps leaving the security-hole-finding business up to the customer base is good business sense because it works and is cheaper than hiring your own security-hole-finders. I guess that brings us back to the proactive list.

    In short, I agree totally with your post.

    --
    I cried real tears when Li Mu Bai died.
    1. Re:Can't trust the company. by TheGSRGuy · · Score: 1
      Carpe diem, in all honesty, shouldn't be something I'm always thinking of. The reason I chose (past tense) Sony products in the past was because I knew I was getting a quality product I could trust. Buying from lousy unknown companies can lead to frustrations (poor engineering, no tech support, etc).

      Frankly, if I buy a CD I shouldn't be paranoid that it will hurt my computer in any way. It's a piece of plastic.

  55. "Catfight" reads like a P.R. release from Sony. by Futurepower(R) · · Score: 1

    "Sony BMG is in a catfight with a well-known computer-security outfit..."

    If I were managing editor of Business Week, I would be wondering now whether the author of the article, Steve Hamm, should be fired or re-trained.

    "Catfight" reads like a P.R. release from Sony.

    1. Re:"Catfight" reads like a P.R. release from Sony. by Anonymous Coward · · Score: 1, Funny

      To me, it sounds vaguely reminiscent of "Hello Rootkitty".

  56. Improved rootkit.... by turbo+spyder · · Score: 2, Funny

    " From the article: "Sony BMG officials insist that they acted as quickly as they could, and that they expected to be able to go public and offer a software patch at the same time. However, Russinovich posted his blog item first, forcing Sony BMG to scramble to contain the crisis. It recalled millions of CDs recorded by 52 artists, including Van Zant, Celine Dion, and Neil Diamond. Plus, it offered exchanges to customers." How were they going to issue the software patch? An improved rootkit in the next CD!

  57. Hesse Is Amazing - Sony needs to promote him by dwandy · · Score: 3, Interesting
    C'mon ... I'm debating whether Hesse's new quote should replace his last one on the subject:
    "This e-mail, which we have also reviewed, seems to be about a routine matter," says Hesse. "While it did introduce the notion of a 'rootkit,' it did not suggest that this software was anything but benign."

    How anyone in his position could use the words "rootkit" and "benign" in the same sentence and expect to be taken seriously is beyond me.
    How about:
    'err, this e-mail seems to be about a routine matter. While it did introduce the notion of 'death and dismemberment', it did not suggest that the actions were anything but benign.

    I don't think that any competent techie would consider the word "rookit" as something to ignore in an e-mail ... and if Sony doesn't have techies reviewing things when mgt doesn't understand what they are, then they deserve everything coming to them.

    At this time, I'd like to thank Mr. Hesse for doing a world of favour to the anti-DRM community. Keep up the good work!
    And when you think of Infected by DRM , think/thank Hesse...

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  58. F-Secure, and who else? by Murmer · · Score: 3, Insightful

    Bruce Schneier has covered this already, but I would like to know why F-Secure didn't contact, say, everyone else when they found out that Sony was installing a rootkit on people's machines. I would like to know why nobody else on the long list of companies that get paid protection money to keep this sort of thing from happening saw fit to inform the world about this, instead of having it appear on some guy's weblog. It's not like that little cabal isn't paid what amounts to protection money specifically so that this kind of thing doesn't happen.

    --
    Mike Hoye
  59. Don't forget Sony's other nasty DRM by Old+Man+Kensey · · Score: 5, Informative
    Lest we forget, Sony is still shipping CDs with SunnComm's MediaMax DRM on them -- ten times as many as the XCP rootkit, in fact (that's 20 million CDs at last count, for those keeping score at home). It's still just as easy to defeat as it was in 2003, but if you make the mistake of letting it install like my wife did, it's fairly nasty. In particular it actually installs before you agree to the EULA -- the only difference between agreeing and declining is that if you decline, the software is not activated (but it remains installed).

    If you have a device driver named Sbcphid.sys (which shows up as a hidden non-plug-and-play device named Sbcphid when active), you've got MediaMax and should remove it.

    Only the EFF has mentioned MediaMax in the various legal claims against Sony, and Sony has remained silent about it in public as well. Obviously they're not sorry about using DRM at all -- they're just sorry they got caught.

    --
    -- Old Man Kensey
    1. Re:Don't forget Sony's other nasty DRM by Husgaard · · Score: 4, Informative
      the only difference between agreeing and declining is that if you decline, the software is not activated (but it remains installed).
      Originally it was thought that no matter if the user declined, the software would be activated. The difference was that it was thought that if the user declined the software would not be active after a reboot.

      However, yesterday word came out that in some cases the software can become permanently activated even though the user declined to have it installed.

    2. Re:Don't forget Sony's other nasty DRM by LWATCDR · · Score: 2, Interesting

      Seems like the best plan is.
      1. Turn off auto run.
      2. Rip every CD in your Linux box and then make a clean copy.
      3. Don't by broken CDs anymore.
      Just say NO to DRM. The only thing Sony seems to understand is lost sales. Anyone want to bet if Sony will start to "pre install" this DRM crap on their PCs?
      I guess I will not be getting that PS3 as well. I hate it when Microsoft is the lesser of two evils!

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    3. Re:Don't forget Sony's other nasty DRM by hords · · Score: 2, Informative

      I have not bought a single music cd since they started puting copy protection on them. I'm sure I'm not the only one. I don't pirate my music, but I imagine some people who want to be able to play their music on their computer find it easier to pirate then to bypass the copy protection. I don't mind copy protection per say, but when it limits what you can do with your media, or spys on your every move, it pisses me off. I buy tons of DVDs and video games, but the music industry isn't going to get a dime out of me through cd sales.

    4. Re:Don't forget Sony's other nasty DRM by Braino420 · · Score: 5, Insightful
      Just say NO to DRM. The only thing Sony seems to understand is lost sales.

      Haven't you learned by now that any lost sales are blamed on piracy? Which means it will probably just lead to more DRM bullshit. I mean, it's gotten to the point where I can no longer justify buying a CD. Why shouldn't I be able to backup a cd I payed 20 bucks for? It will end up with me doing something illegal either way. It's cool because the stuff I download doesn't have DRM!

      --
      They call me the wookie man, I guess that's what I am
    5. Re:Don't forget Sony's other nasty DRM by Jaseoldboss · · Score: 1

      I've avoided all copy protected titles apart from one online store that didn't disclose the fact that a title was crippled.

      However, according to this article The Reg thinks that the average punter doesn't care and that Sony have got off mostly unscathed where the publics reaction is concerned.

  60. Re:Proves public disclosure is the best for securi by shawn(at)fsu · · Score: 3, Informative
    I realize the players are different here but didn't Kevin Mitnick spend years in jail for stuff like this? I guess when a corporation hacks a consumer it's OK.


    Oh man nothing like sucking up to /. to get a +5 insightful. No it's not Ok . If you would follow the news you would see that several states and contries are consider criminal charges against Sony. A quick news.google search will give you a result like this "Legal threats are now being discussed in some countries, notably the US and Italy, including criminal charges of computer misuse. For example, on 21 November the Texas State Attorney General Greg Abbott filed a civil lawsuit against Sony seeking civil penalties of $100,000 per violation of the state's Consumer Protection Against Computer Spyware Act." from Ovum

    --
    500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
  61. Yeah... by penguinbrat · · Score: 5, Insightful

    ""Most people, I think, do not even know what a Rootkit is, so why should they care about it?"

    You can just hear the urgency can't you...

    1. Re:Yeah... by Hasai · · Score: 1

      "Most people, I think, do not even know what a Rootkit is, so why should they care about it?"

      Most people don't know what a M14 APM is either, but somehow I don't think that'll keep it from ripping your legs off.

      (http://fas.org/man/dod-101/sys/land/apm.htm)

      --

      Regards;

      Hasai

  62. I'm still waiting... by oDDmON+oUT · · Score: 1

    for the sound of that resounding *SMACK* as the gates of Sony/BMG hit the collective arses of the executive brain trust responsible for green lighting this reprehensible action in the first place.

    Unfortunately the usual suspects are busy defending them.

    --
    Some days it's just not worth
    chewing through my restraints.
  63. Re:Proves public disclosure is the best for securi by andreMA · · Score: 1
    If you would follow the news you would see that several states and contries are consider criminal charges against Sony. [...] For example, on 21 November the Texas State Attorney General Greg Abbott filed a civil lawsuit against Sony seeking civil penalties
    You're citing a civil suit to support your argument that criminal charges are being considered?
  64. EULA is a threat, not an action by dwandy · · Score: 1
    Which is all the more reason that I don't think this will go to court anywhere. I doubt Sony truly wants a test of their EULA ... I think they know that it's threat (untested) is worth something.
    They'll settle out of court so as not to have their EULA quashed.

    This way they can hold it over individual consumers who are likely to decide that it's not worth their life's savings, as opposed to wasting it on an organisation with arguably deeper pockets than Sony has.

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
    1. Re:EULA is a threat, not an action by davebert · · Score: 1

      That's why I'm glad the EFF is suing - they're unlikely to want to settle on the usual bullshit "here's a tonne of vouchers for the sheeple to buy more of our products" that MS normally seem to get off with. And they seem to want to make a point of contesting the applicability of the EULA.

      See Groklaw's new Sony page to keep up with the details.

  65. Re:Proves public disclosure is the best for securi by Al+Dimond · · Score: 5, Insightful

    I may be in the minority of /. readers: I don't really know the story of Mitnik. But if GP is accurate, he spent time in jail. You can't put a corporation in jail. $100,000 is a slap on the wrist; probably any fine that will be assessed is a slap on the wrist and probably is just a drop in the bucket of all the money that Sony will spend on legal matters in any given year. But if you fine a corporation enough to actually hurt it, a lot of innocent people lose jobs. So what's the solution to this?

    The actual people that did the hacking were working for this "First4Internet" company. Anyone that designed, wrote or approved a part of the software deemed to be inappropriate could face jail time. There were people at Sony that approved this technology for use on CDs; they could face jail time. There were people at Sony that knew that their software included a rootkit and insecure kernel modifications, and yet claimed otherwise; they could face fraud charges (for an individual to say, "I am not a crook," is legal, but to knowingly lie about a product offered for sale is fraud). Anyone with much knowledge of the workings of this product should have known that it was illegal, just as Kevin Mitnik or any other cracker surely knows that whatever he does (like I said, I have no idea what it was that he did) is illegal. That would be equal justice.

  66. Re:They shouldn't have recalled the CDs by Anonymous Coward · · Score: 0
    Wow. You sound like a guy I work with. He pretty much offers up killing someone with a handgun as the solution for any problem.

    It makes design meetings very uncomfortable.

  67. Re:Proves public disclosure is the best for securi by shawn(at)fsu · · Score: 1

    Nice try. I was giving an excerpt form the article. the Parent post said that it must be ok when a company does what Kevin Mitnik did. I'm offering proof that it isn't and that both civil and criminal charges are either being considered or are being filled.

    --
    500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
  68. Media companies don't get it. by Lead+Butthead · · Score: 2, Insightful

    In their mind, the entire fiasco boils down to the following --

    a. How to hide the DRM software better so it will not be detected NEXT TIME.
    b. How to silence the whistle blower so that if line item a fails, the word never leaks out.
    c. How to fabricate pausable deniablity if the word leaked out despite line item b.

    In summary, for the media company, the entire affair isn't about what wrong they inflicted on their PAYING CUSTOMERS, but about how to contain the situtation and continue to "protect THEIR rights."

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  69. Re:Proves public disclosure is the best for securi by Anonymous Coward · · Score: 0

    Ok jackass, there was mention of criminal cases in the references that the poster pointed out. Did you not see those as well? If so, WTF is your point?

  70. Re:Proves public disclosure is the best for securi by Concerned+Onlooker · · Score: 4, Interesting
    Oh man nothing like sucking up to /. to get a +5 insightful. No it's not Ok . If you would follow the news you would see that several states and contries are consider criminal charges against Sony.

    Nothing like trashing someone else to get modded up.

    Aside from that, I guess the Sony case will be nothing like the Mitnick case as he was held without bail and spent time in solitary confinement. It seems a safe assumption that the Sony execs will suffer no similar fate. Not to mention the other poster here who points out that they are only facing a civil suit, not a criminal one.

    --
    http://www.rootstrikers.org/
  71. Stop and think for a minute people by Anonymous Coward · · Score: 0

    Sony didn't make the root kit First4Internet did. Sony used First4Internet's DRM on their disks. If you really want go after someone it should be First4Internet since they designed and built the root kit.

    1. Re:Stop and think for a minute people by belg4mit · · Score: 1

      But Sony dsitributed it. What you propose would be like crucifying Einstein
      or Feinman for their part in atomic weapons. of course in that case a) they
      actually had consciences and felt remorse b) were doing real/orthogonal/
      scientific work.

      But hey, maybe somebody can make a case with the DMCA against them :-P

      --
      Were that I say, pancakes?
    2. Re:Stop and think for a minute people by Anonymous Coward · · Score: 0

      Are you going to hold Walgreens responcible for phen-phen? Sony didn't by virtue of dsitributing know everything there could possibly be to know about the DRM. All they probably cared about was if it worked as a DRM.

    3. Re:Stop and think for a minute people by Nom+du+Keyboard · · Score: 1
      Feinman

      I believe you mean Richard P. Feynman. Author of the must read book: 'Surely You're Joking, Mr. Feynman!' (Adventures of a Curious Character).

      And while I have you here, what exactly is orthogonal/ scientific work?

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    4. Re:Stop and think for a minute people by belg4mit · · Score: 1

      The work done by Einstein, Feynman et al. was:

          #Orthogonal as in nefarious purposes were not the sole or primary goal.
          chooseMAny('"real"', 'scientific', 'orthogonal')

      --
      Were that I say, pancakes?
    5. Re:Stop and think for a minute people by belg4mit · · Score: 1

      No, phen-fen was sanctioned by the FDA. The FDA and the producer are
      responsible. In any event your analogy is false as it would be holding Virgin and Tower responsible for the DRMed CDs.

      --
      Were that I say, pancakes?
    6. Re:Stop and think for a minute people by Anonymous Coward · · Score: 0

      So you admit that the producer of a product is responceble. Sony didn't produce the DRM they distributed it. They included in as part of there CDs. If you put together a package of sweets for kids and in those sweets is a candy made by a company that secretly and deliberately put glass in it who's fault would it be. You put the bags together after all. You handed them out. Is it your fault the company that made the candy did something wrong or is it the companies fault? I think you would change your tune if things were hitting closer to home.

    7. Re:Stop and think for a minute people by Hope+Thelps · · Score: 1

      Are you going to hold Walgreens responcible for phen-phen? Sony didn't by virtue of dsitributing know everything there could possibly be to know about the DRM. All they probably cared about was if it worked as a DRM.

      Whether Sony was merely astonishingly negligent in installing on their customers' machines software that they didn't understand or whether they were actively malicious in intending that software to impair the normal functioning of the machine without proper notification and hide itself from the user to prevent removal is something that should become clearer once discovery is in progress. We have a courts to sort out these issues.

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
  72. DMCA by subl33t · · Score: 1

    "Let those lovely DMCA laws work in our favor"

    DMCA is for copyright violations, where is the copyright issue with this rootkit? Presumably they (Sony) have the rootkit's authors' permision to use the rootkit...

    1. Re:DMCA by IdolizingStewie · · Score: 1

      LGPL code in the rootkit (lame) which was obviously spread without source code or a copy of the license

  73. Consumers NEED to Understand the Threat by mvea · · Score: 3, Interesting

    OmniNerd is carrying a decent article on the nature of rootkits (Rootkit: The "r00t" of Digital Evil) that isn't watered down like everything else the media has been using to describe rootkits. I think the principle problem with the legal system, the general public and Sony is that most people just don't understand what a rootkit really is and the capabilities they present to hackers. The media has been lumping them into the malware category as nothing more than the latest virus going around - a misconception that is costly to consumers because the threat has been greatly downplayed.

    Perhaps once people really fathom just what a rootkit can do to them and how a properly written rootkit will not be detected by their anti-virus software, they'll take the threat more seriously. And in doing so, demand rightful compensation from Sony in lieu of a new audio CD. Are you comfortable with rootkits installed on the computers of your local financial institution? College records? Law enforcement? Wall Street? The military?

    --
    When you understand your disbelief in other gods, then you will understand my disbelief in yours.
  74. Hey, Tashi, where's our advertising? by mmell · · Score: 2, Funny
    $sys$Buy_Sony_Merchandise

    oops!

  75. Free music (and other stuff, too)!!!!! by Anonymous Coward · · Score: 0
    "Dear Marci S. of Chemical Bank,

    Please to be accepting this free gift of Niels Diamond CD.

    Mary Christmess!"


    It's been 56 minutes since you last successfully posted a comment

  76. Re:Proves public disclosure is the best for securi by corngrower · · Score: 1
    $100,000 is a slap on the wrist;

    The Texas law allows for a fine of up to $100,000 per occurrance. Granted a judge in this case is not likely to award the maximum penalty, but should they choose to do so the fine could get very, very large. Say there were 5000 computers affected in the state, that would mean potentially a fine of $500,000,000. A half a billion dollars is no small matter, even to a large corporation.

  77. Re:Proves public disclosure is the best for securi by LaCosaNostradamus · · Score: 0, Troll

    Wake up, bitch. Governments "consider" prosecuting, whereas in the case of an individual it's a certainty. And the case you mentioned is civil. How much jail time for the responsible executives does THAT entail?

    Corporate apologist shitbag. Go the fuck away with your debunked-in-2-seconds propaganda. It's clear corporations break the law with impunity for things the individual would be jailed (even killed) for. We need a Corporate Imprisonment Penalty and a Corporate Death Penalty. Until then, morons like you will keep spouting apologia while corporations run rampant over the populace and the law itself.

    --
    [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
  78. Define "tells you" by abb3w · · Score: 1
    Let's see: someone tells you that the software you are blithely putting on other people's computers has a security flaw, one that potentially leaves millions of machines vulnerable to attack, and that's not considered "serious"?

    In their defense, the ignoramuses at Sony may not have been told that in so many words. Their level of understanding has been clearly shown by the much hyped and once again relevant quote:

    Most people, I think, don't even know what a Rootkit is, so why should they care about it?
    Perhaps what he meant was: "I don't even know what a Rootkit is, so why should I care about it?"

    F-Secure may have assumed someone around Sony ought to have half a clue about security, and would not need the term "rootkit" defined or the nasty security implications spelled out. Of course, this doesn't excuse the ignoramuses at Sony for being ignoramuses.

    --
    //Information does not want to be free; it wants to breed.
  79. Re:They shouldn't have recalled the CDs by masklinn · · Score: 1

    yet much shorter, i bet.

    And shorter meetings meen more time to ... code and be a valuable asset to your company... Yeah, be a valuable asset.

    --
    "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
  80. No excuse by Trails · · Score: 2, Insightful

    While I find your timeline plausible, I think it's only part of the story. It wouldn't surprise me at all if that happened at the START of the project, but I don't find it plausible that they never involved themselves in the software at all. Sony, like any other large scorporation is risk averse, especially in terms of their image. I'm sure they reviewed the software/technical design of what was being suggested by First4. What I don't buy is that Sony distributed software they were so clueless about. Lets face facts, folks: Sony has definitely behaved badly, but they're not stupid. The amount of incompetence required to justify their "duh, we just shipped it" argument is staggering to the point of absurdity.

  81. Sony is Screwed -- quote from CEO by ameline · · Score: 1

    Sony is screwed in court -- how can they argue they're innocent, and that this wasn't a deliberate act of sabotage when their own CEO (Howard Stringer) said in 2001;

    "Right now it would be possible for us, and I've often thought it would cheer me up to do it, you could dispatch a virus to anybody whose files contain us or Columbia records..."

    --
    Ian Ameline
  82. No it usually does by Sycraft-fu · · Score: 1

    A good amount of MS exploits are actually found by 3rd party companies, and you never hear of them until patch day. The reason is the company finds it, tells MS, MS makes a fix, and then the announcement accompnies the fix.

    Now it doesn't always work that way, of course, sometimes you have to light a fire under companies, but not usually. Usually you tell them, they fix it.

    Often as not the public notices before the patch are publicity moves.

    1. Re:No it usually does by Todd+Knarr · · Score: 1

      Evidence says otherwise. Take, for example, the latest "extremely critical" vulnerability in IE. It's a simple failure-to-initialize bug. With what's known about it, isolating the code problem should take one developer no more than a day or two. Fixing it shouldn't take more than another day of developer time, and the risk to other code should be minimal. It's the kind of bugfix that, where I work, we routinely fix as found and roll into the next scheduled release. Microsoft was told about the problem nearly 6 months ago, and they've done several major patch releases since then.

      The bug is, as of today, still unfixed. And it turns out it allows a remote attack to execute arbitrary code as the logged-in user. And Microsoft is only now scrambling to fix the problem. Oops.

    2. Re:No it usually does by Phanatic1a · · Score: 1

      Again, different situation.

      You're talking about situations where Microsoft has written software intended to do X, where X is a legitimate function, but it contains some flaw which allows third parties to subvert the software to accomplish Y, where Y is some illicit function. Like you say, in some of these cases it's likely that some interested third party finds the flaw, notifies Microsoft so that they can fix it, and then Microsoft does so before the exploit becomes public and the shit hits the fan.

      That's not the case here. In this case, Sony wrote software *intended to do Y*, where Y was "perform in a manner identical to malware." You know, to install to the user's system without providing him with an honest accounting of what it's going to do once it's there, to conceal itself from the system, to consume system resources for no reason that benefits the user, to render the system unstable and susceptible to further infection, and to make itself very difficult to uninstall.

      It's not a case of buggy software, which would be happily fixed by the author once he is informed of the bugs. It's a case of *malware* which was doing *precisely* what the author intended it to do. It's pure idiocy to expect that Sony was going to say "Whoops, our bad, we didn't realize that would happen, we'll get a fix out immediately," and in fact the story demonstrates they did not take that approach.

      There was no reason to sit on this for a month, not while systems were being infected by Sony's software, inadvertantly installed by trusting users. None whatsoever. Again, it wasn't a legitimate software package that contained security holes, it was fucking *malware*. Would you expect Symantec or some other 3rd party company to try to notify and talk things out with a virus author before issuing a fix for his virus? No? Then why would you expect anyone to talk this over with Sony?

  83. Not warned, required. by happyfrogcow · · Score: 1

    Sony warned weeks ahead? Yeah, in was probably in the requirements document that they gave to First 4 Internet.

    How come there is so little talk about the corporate connection between Sony and First 4 Internet? I'm glad that Sont hasn't shaken the blame off themselves and onto First 4, but the two were in cahoots as they say. A "You scratch my back, I'll scratch yours" kind of thing.

  84. First thing I think of when I hear by PineHall · · Score: 1

    Sony is RootKit. This is really bad for Sony.

  85. The hubris continues by baroquecycle · · Score: 0

    Bullshit, Sony.

  86. This would be funny by Tschepsit · · Score: 1

    What's the over-under on how long it takes for somebody to use the security holes in Sony's DRM this to create a botnet used to DDoS Sony?

  87. Re:Proves public disclosure is the best for securi by u-235-sentinel · · Score: 1

    The actual people that did the hacking were working for this "First4Internet" company. Anyone that designed, wrote or approved a part of the software deemed to be inappropriate could face jail time.

    Don't know if anyone has thought of this but would they really be the responsible company? Even though they wrote the software, they wrote it for Sony Corp. It's my understanding that most software developers write code which is owned by the Company (their employer). Wouldn't this indemnify First4Internet of any wrong doing?

    I agree this requires a severe penalty. If non corporate hackers could face jail time or severe financial penalties then Corporations should be held to the same standards put into law.

    --
    Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
  88. Re:Proves public disclosure is the best for securi by andreMA · · Score: 1
    My point was that a better example to support the argument might have been cited, such as this one that explicitly states that "the Italian government is contemplating a criminal case of its own."

    I wasn't questioning the assertion of the Grandparent post that criminal charges were being considered, just that the evidence offered to support it was poor. The post undermined its' own argument; that's all I was pointing out.

  89. Now I'm Pissed! by Nom+du+Keyboard · · Score: 1
    Sony BMG had been warned by F-Secure on Oct. 4

    Now I'm pissed (and I don't mean drunk). This suckes (and I don't mean vacuums up well). F-Secure knew a month earlier about this lying stinking RootKit and kept it to themselves. They have just lost my respect as someone who looks out for me. How many more computers were infected while F-Secure was playing footsie with Sony-BMG?

    Not that the rest of the anti-virus/anti-spyware companies have been that much better here. Those that say we'll tell you its on your system, but don't expect us to safely remove it for you. The whole industry, music and computer protection, has come out looking pretty scummy over this one.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  90. recalled disks? by Anonymous Coward · · Score: 0

    I doubt seriously Sony has recalled. I saw these CD's in Target last night doing christmas shopping.

    these CD's will linger in store for ages

  91. Want to screw SONY in the courts? Here's how... by mendax · · Score: 3, Interesting

    A consumer boycott could possibly make SONY management act responsibly, meaning they actually admit responsibility for the rootkit, but I doubt it unless the boycott spreads outside of geekdom. Well, maybe. But if it doesn't here's what you can do personally: sue them yourself.

    In California (where I live), we have a thing called "Small Claims" court. It's a civil court where an ordinary citizen can sue another ordinary citizen or a company for monetary damages. Punitive damages are not awarded and neither are "pain and suffering" damages. You actually have to have been damaged in a way that cost you money in order to collect in small claims court. The good thing about small claims court is that lawyers are not allowed. The bad thing is if you're suing a corporation they can send an employee (such as a laywer they have on the payroll). This this is a good thing in a way as you will see.

    First of all, you need to be damaged by SONY. That's easy: put one of the XCD music CDs in your PC. Of course, you should not do this knowing about the rootkit. But if it happened before you learned about it or if you happened to get one of those XCD disks and didn't notice it then it's a different matter.

    Second, you need to pay someone to clean your PC. Make sure you get a receipt.

    Third, you need to follow the rules regarding filing a claim, getting court papers served, making sure you're prepared to present your case, etc. All this is here:

    http://www.courtinfo.ca.gov/selfhelp/smallclaims/s cbasics.htm

    The neat thing about small claims court is that if the defendant (SONY in this case) doesn't show up, you are entitled to ask for a summary judgment which means you win your case by default. You can then proceed to collect your damages from SONY. Companies tend to pay such claims because the cost of having assets attached and liquidated (such as one of their bank accounts) exeeds the cost of just paying it.
    If they send someone it's an employee of the company which means they are paying wages for someone to be there. If you win your case, you've not only made SONY liable for your damages (plus your court costs) you've also cost them probably more than your damages especially if they send one of their legal department lawyers. If you lose, you've still won a moral victory that cost you no more than the cost of one of SONY's CDs and some of your time.

    If enough people did this SONY will take notice. So if you've been damaged go for it. If you know someone whose been hit by the rootkit, perhaps they can be urged to do it. You can even make some money on the side if you're the one cleaning the PCs.

    --
    It's really quite a simple choice: Life, Death, or Los Angeles.
  92. Watch for the cost of the recall... by enantiodromia · · Score: 0

    to be figured in to the "war on piracy".

  93. Re:If this is true...Big States, Yeah! by Nom+du+Keyboard · · Score: 1
    they were in violation of CA and TX's computer privacy laws

    I'm glad it's a couple big states here with these laws. Sony might be able to ignore Delaware as a market if selling their DRM-infected crap broke that state's law, but together CA and TX are bigger than some countries.

    And isn't the RIAA's home office in CA? :^) Interesting how I've yet to hear the RIAA staff saying we play DRM protected CDs on our home computers all the time. I mean, don't they use their own products?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  94. Re:Proves public disclosure is the best for securi by rizzo420 · · Score: 1

    $100,000 per violation. so that's each cd that was purchased and installed in the state of texas. figure there's at least 1,000 people in the state of texas who installed it only once. that's $100,000,000 that sony has to pay out, and that's only in texas. if every state files a similar lawsuit with similar charges, the cost to sony could be upwards of $1,000,000,000. sony's gonna settle this one out of court, but hopefully the people won't let them. first4internet didn't do the hacking, sony knowingly put the software on their cd's and didn't provide any type of warning as to what it did. sony knew exactly what it did.

    kevin mitnick stole code. he didn't just look around, he took some for himself. no, he did not distribute it. he knew what he was doing was wrong. he's not a hero, he's an ex-con.

    --
    please me, have no regrets.
  95. Re:Proves public disclosure is the best for securi by Gentlewhisper · · Score: 0, Redundant

    $100,000 is a slap on the wrist

    Per violation.

  96. Re:Impressions - F-Secure sux over this by Nom+du+Keyboard · · Score: 1
    Its called proffesional courtesey. If they immediatly notified the public, there would have been an exploit that many days sooner, before ANY action could be taken to fix it.

    Funny, with a month's quiet warning time themselves I didn't see F-Secure releasing a detect and remove solution to this infection. Are they really this slow in responding to all threats already out in the wild?

    That gives the developers time to at least create a patch to prevent any further damage.

    Oh really??? And how is this patch delivered? When your music CD phones home the next time, is it supposed to download Service Pack 1? And are you asked if you want to do this? And if your computer isn't even connected to the Internet, but you want to be able to rip and burn other CDs while not having your limited memory and processing resources continually sucked up by this permanently running program?

    Face it, there was no way for Sony to fix this once they let it out on CD.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  97. Re:Impressions -- THEN WHY... by Nom+du+Keyboard · · Score: 1
    F-Secure was acting in the best interest of the people who had been infected by this rootkit.

    Then why didn't F-Secure release a update to detect and remove the rootkit and the rest of the compromising software without waiting for Sony? Not what I call acting in the best interest of anybody except Sony.

    And if they were ducking for cover from Sony's lawyers and legal threats, then they're even worse!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  98. how do you recover from a sony rootkit or similar? by blackest_k · · Score: 1

    Is something like norton ghost a workable remedy when infected by a sony root kit or similar?

    Is it possible to set up a windows system so a simple restore of a ghost image will put your system back how you intended it to be.

    or has microsofts obsession with the C: drive left it impractacal to have data away from the programs that use it.

    There's plenty of microsoft fans read slashdot some even claiming to be qualified so I would be glad to learn how to set up a system where its possible to run a restore without losing data? I think i could be disiplined enough to make a new image when software requires updating or installing.

  99. Re:They shouldn't have recalled the CDs by Delphiki · · Score: 1

    Could you rephrase this post in a way that is intelligible please?

    --

    Feel free to mod me "-1 - Angry Jerk".

  100. Re:Want to screw SONY in the courts? Here's how... by Nom+du+Keyboard · · Score: 1
    Only one thing you should change here.

    Make sure you get a receipt.

    Get the most highly inflated receipt you think you can get away with. Something like $75/hour for an entire day's diagnosis, reformat, reload operating system, reload all applications, fully test system, and give a new burn in. Since Sony's paying, let them pay for the deluxe treatment.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  101. Read the sig by ifwm · · Score: 1

    Please.

    1. Re:Read the sig by Anonymous Coward · · Score: 0

      Prove once asshole.

  102. Re:Proves public disclosure is the best for securi by symbolic · · Score: 1

    But if you fine a corporation enough to actually hurt it, a lot of innocent people lose jobs. So what's the solution to this?

    This almost sounds like the "do it for the children" mantra. The solution is that if a corporation does something stupid, it gets penalized. You can't hold justice hostage to [insert sob story here].

    Long term, it might help if any settlement resulted in smacking the senior management around a little, too, making them fully aware that they will be accountable if they violate the law.

  103. Deserving it by Sgt_Jake · · Score: 1

    If someone bought Celine Dion and Niel Diamond CD's I'd go so far as to say they deserved to get rooted...

  104. A Quiet Protest by Petersko · · Score: 1

    I've got hundreds of original albums. I buy music all the time - at least one CD per week, sometimes three or four. I've got better things to do that spend my time searching through file sharing systems trying to find valid mp3's of reasonable quality. I make a pretty good living, so I pony up my dough. I make a copy for the car, and I rip it to MP3's for work and for the gym.

    When I buy a CD that is copy protected, I copy it anyway. If I can't pull it out using my normal software, I use Poikosoft's product to rip it cleanly. Then I take ten blanks, and copy the CD. I take a photo of the ten CD's, carefully labelled with the album title, and I send the picture, along with an explanation, to the band and the label, via a freshly registered anonymous e-mail account. Then I give away those ten CD's.

    While I believe people should pay for the music they have, I also believe the only people who are inconvenienced by copy protection are people like me - the ones who paid. Nobody else is really aware of it.

    Everybody should do this.

    1. Re:A Quiet Protest by Anonymous Coward · · Score: 0

      No offense, but that's a little time consuming.

      Instead, I just vote, immediately, with my dollars.

      When Intuit pulled their crap with TurboTax, I switched to Tax Cut instead, and Intuit forever lost me as a customer.

      When Microsoft pulled their crap with product activation, I switched exclusively to Linux and never went back to Microsoft.

      When Valve required product activation to play Half Life 2 even as a single player on a computer not attached to the Internet, I was planning on buying three copies (for me and gifts for friends) but I didn't buy it, and never will.

      With all of the various shenanigans that SONY pulls, I haven't bought anything from them for a long time, and this rootkit crap just reinforces my decision.

      Note that my purchase decisions extend to other products of these companies, too. For example, I will never buy an XBox. Nor do I ever buy SONY blank DVDs. Etcetera.

      Companies that fuck over their customers don't get my business. Period. Now, if anybody actually READS this anon coward posting I am sure some snide Microsoft trolling fanboy will write something like, "Have fun. It must be nice to live in such a lonely world."

      But you know what? I get along fine without those companies at all. There are ALWAYS alternatives. I still play computer games, I get my taxes done, I have a (Linux-based-) media center, I have plenty of blank DVD disks, all of them non-SONY, I have all the non-MS toys and gadgets I could want. The weird thing is, if these companies hadn't pulled crap like this, they probably would have kept me as a customer for a long time, as I am loyal to good businesses. But they made their anti-customer decisions, and by doing so they kicked me away as a customer. I would never have been as motivated for example to embrace Linux, if Microsoft hadn't been such asswipes.

      So the place where I live, with all of these fine alternatives, it's not a lonely world at all. It's more FUN where I live.

    2. Re:A Quiet Protest by Petersko · · Score: 1

      Voting with your dollars is always an option, of course. But the problem is that there's no way for the company to tie your decision to the root cause. I want them to correct something. It doesn't take that much time - I can burn the CD's while I do something else, and I can hand them out at the office. So the investment is about $1.50 in CD's and little else. It works for me.

  105. Another Major Villian in the Saga by Nom+du+Keyboard · · Score: 1
    It didn't take a computer scientist with a PhD to sniff out Sony BMG's software glitch. It was spotted by John Guarino, owner of TecAngels.com, a two-person PC-repair outfit in midtown Manhattan...After investigating, he discovered that it was Sony BMG's software. His "Aha!" moment came on Sept. 30 when he loaded a CD by pop singer Amerie onto his laptop computer and confirmed that the offending software came with it.

    "This was really bad," he says. "The worst thing you can have on your computer right now is a rootkit, and Sony was installing it on people's computers."

    That's when F-Secure got into the act. Guarino sent an e-mail to the Finnish company, since it makes the rootkit-detector software that he used to investigate. F-Secure did its own investigation and notified Sony DADC, which manufactures Sony BMG CDs, on Oct. 4.

    And why didn't Guario go public? I blame him too!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  106. Re:Want to screw SONY in the courts? Here's how... by darthnoodles · · Score: 1

    But if you lose, is there not a good chance you'll have to pay their legal fees?

  107. Mitnik by nukenerd · · Score: 3, Insightful

    Yes, Mitnick did time - he got a severe sentence, including solitary. It was out of proportion to his crime because his was an early instance of cracking (the swallow before the summer) and he was made a scapegoat. Also, the press paid great interest partly because of the fascinating story of his pursuit and capture, which the authorities treated as a mission deserving all their energy.

    Looking back now, you can't help wondering why all the fuss. Mitnick did pry around some academic, corporate and military related systems but always maintained he did no damage. He certainly seemed to act out of curiosity and as a challenge rather than with malice. He has yet to write his account of the episode.

    What Mitnik did pales into insignificance compared with what goes on now - spammers acting with apparent impunity, crackers installing and controlling bots in their tens of thousands, market researchers planting spyware, and even previously respected household names like Sony pushing Trojans onto the unsuspecting public. Activities which seriously threaten the continued viablity of the internet as a medium.

    Company directors can be sent to jail, as Mitnik was. However I doubt it will happen because the legal authorities and the public are now punch drunk with misbehaviour in the IT field. They were sharp and keen against Mitnik but now they are weary and cannot be bothered to pursue the wrong-doers.

    It is much easier for the authorities to dismiss this case with "Oh well, surely Sony couldn't have meant any harm, could they?"

  108. And Isn't This Just Special As Well? by Nom+du+Keyboard · · Score: 1
    After Oct. 20, however, F-Secure and First4Internet made little progress because they couldn't agree on the terms of a nondisclosure agreement.

    The terms should have been:

    First4Inernet: We need a nondisclosure agreement that covers our arses (British company) in all this.

    F-Secure: We don't need any nondisclosure agreement at all to just go public with what we already know.

    First4Inernet: We'll sign whatever you want. Just please get our arses out of the sling before anyone else finds out about this!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  109. Sue F-Secure? by Uncertain+Bohr · · Score: 1

    Has anyone contemplated sueing F-Secure and other virus/malware/rootkit software checker company???
    After all, these companies get money from people. These people expect a service in return: the detection of malware and viruses (virii?). If it is clear that F-Secure knew about it, how could they sit on their hands and do nothing? Just because it is Sony? Do they give the same leway to hackers in Russia?
    I think that this demonstrates that you really cannot trust businesses to take care of users. They all seem to be in for themselves...

  110. How can it be considered a net loss, by Philip+K+Dickhead · · Score: 2, Funny

    When the result means recalling Neil Diamond and Celine Dion? More of that in the wild, we do not need!

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
  111. Neil Diamond Piracy by BBCWatcher · · Score: 1

    Who the hell is going to pirate Neil Diamond tunes? Is there rampant copyright violation involving Neil Diamond's music? Are thousands of new U.S. citizens trading illegal MP3s of Diamond's anthem "Coming to America"? Does Neil Diamond's demographic even know how to rip a CD? Did I just miss the Tower Records "midnight madness" sale of the new Neil Diamond CD? Is Neil Diamond really the most pirated name in the music industry?

  112. If only he had a place to look up words online by geekotourist · · Score: 1
    If only he'd remembered that a few words have been added to the dictionaries since his 1973 version was published. Because it isn't as if the search place to look up words doesn't return, say, online dictionaries.

    Even the 1973 treeware dictionary should have given him pause. Perhaps a 'root kit' simply helps the gardener to vegetatively propagate plants- ok, that sounds benign. But since when does Sony bundle plant hormones with their CD's? However, a 'root kit' could perhaps also imply Toys of a Certain Nature in Australia. Sexual content could get the CD pulled in WalMart. Is annoying WalMart benign?

    For future reference, Mr. Hesse, if you see these other seemingly benign words in an email, please do look them up before assuming all is well: "neoplasia," "engine preignition," "crack propagation," "blue screen," "elegant worm," "percussive maintenance," "cereal rust"...

  113. Accountable by PacketScan · · Score: 1

    Why hasn't anyone been thrown in jail? Had this Been Joe blow techie that decided to copy protect his works with this protection he'd be behind bars.
    I'm Tired of Corporate America being able to Step where they want when they want with no repercussions..
    oh.. they will pay out a few million to settle the states lawsuits. But in the end who still suffers? the Customer.
    Until I get a Guarantee that this type of behavior will not be repeated I'm going back to Usenet and p2p..

  114. Re:how do you recover from a sony rootkit by JesseMcDonald · · Score: 1

    The simplest (but probably not cheapest) way to avoid problems like this under Windows would be to aquire a copy of VMware, create a virtual machine with two drives, and install Windows into the VM. The first virtual drive should be a "snapshot" drive (C:), the second is a normal drive and holds any data you want to work with. Immediately after installing Windows, commit the snapshot. After that, every time the VM is restarted the contents of C: will be reset to their original state, eliminating viruses, rootkits, spyware, etc. One significant drawback of this approach, however, is that VMware does not perform any hardware-accelerated 3D graphics, so e.g. games will not work properly within the VM. Other than graphics, the speed difference between the VM and the underlying hardware is fairly small.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  115. Analogy Time by Anonymous Coward · · Score: 0

    It's as if Sony got caught breaking into your house to install surveillance cameras. They're pretending that their only wrongdoing is not locking up properly on the way out.

  116. So why was this only on US CDs by Anonymous Coward · · Score: 0
    What I want to know is why this WMD was only on US CD's and not on CD's sold in the UK.

    Was this to ensure that F****4Internet, a UK company didn't violate UK law.

    In the old days you attacked a country using "high energy release devices", but in the modern world you can get "payback" for such devices by sticking your WDM on music CDs.

  117. Re:Proves public disclosure is the best for securi by Anonymous Coward · · Score: 0

    Mitnick case as he was held without bail

    That's pretty normal for people who flee arrest. Mitnick didn't end up in jail for breaking the law. He got there by getting caught, continuing to break the law, getting caught again, breaking more laws, and finally fleeing to avoid arrest. You don't give someone like that bail, just so they can flee again.

  118. Re:Proves public disclosure is the best for securi by dvdeug · · Score: 1

    That's because the Sony execs will have decent lawyers and listen to them, and won't have been caught bragging about what they could do with this power.

  119. Re:Impressions -- THEN WHY... by zambotsu · · Score: 1

    Then why didn't F-Secure release a update to detect and remove the rootkit and the rest of the compromising software without waiting for Sony? Not what I call acting in the best interest of anybody except Sony.

    And if they were ducking for cover from Sony's lawyers and legal threats, then they're even worse!


    Now this is based hearsay, so take it with a grain of salt:

    F-Secure (being a Finnish company) couldn't just create a removal tool for the rootkit, because of the uncertainty whether it would be legal or not thanks to the new copyright legislation in Finland.

    That's what you get when you vote a former Miss Finland to the parliament.

  120. DRM = EEP (Electronic Equipment Poison) !!!!!! by Anonymous Coward · · Score: 0

    Enough said!

  121. If you purchase anything from SONY again by stor · · Score: 1

    ...turn in your geek card.

    Cheers
    Stor

    --
    "Yeah well there's a lot of stuff that should be, but isn't"
  122. Re:Proves public disclosure is the best for securi by Anonymous Coward · · Score: 0

    Nope, if someone hires someone else to kill you or even break into your office to plant a listening device the hitman/spy is going to jail along with the person who hired the hitman/spy. Unlike the case of an employee First4internet is a seperate company and therefore a seperate entity responsible for it's own actions.

  123. Re:Want to screw SONY in the courts? Here's how... by innocent_white_lamb · · Score: 1

    If you win your case, you've not only made SONY liable for your damages (plus your court costs) you've also cost them probably more than your damages especially if they send one of their legal department lawyers. If you lose, you've still won a moral victory that cost you no more than the cost of one of SONY's CDs and some of your time.
     
    And after all of this fiddling around in court, and assuming that you win, what have you actually gained?
     
    You got your money back that you spent for computer repair that you could have done yourself for free, and in less time than you spent sitting around in court dealing with it.
     
    And what else?

    --
    If you're a zombie and you know it, bite your friend!
  124. Re:how do you recover from a sony rootkit by Anonymous Coward · · Score: 0

    What are you talking about, you can download Vmware for free. As for the serial number required, you just visit one of the many crack/keygen/serial sites using Opera or Firefox (actually, anything other than MSIE and MSIE based browsers like Maxathon) and get the code you need.

  125. Re:They shouldn't have recalled the CDs by Anonymous Coward · · Score: 0

    No you didn't. You just like to talk big on the internet to make up for your insecurities. Or you're just an asshole.

  126. Re:Proves public disclosure is the best for securi by Moofie · · Score: 1

    Want good corporate governance? Apportion jail time for criminal actions as proportional to stock holdings.

    That'll solve this problem Right Freakin' Now.

    --
    Why yes, I AM a rocket scientist!
  127. Re:Still on the Shelves - Adobe & Dmitry Sklya by Anonymous Coward · · Score: 0

    How soon the masses forget:

    http://www.freesklyarov.org/

  128. Re:how do you recover from a sony rootkit by JesseMcDonald · · Score: 1

    Or you could legally use the free trial they offer to create the image, and then use the VMware Player application once the trial runs out. I'm well aware that you can find the serial numbers online, but why invite trouble when there is an easy alternative?

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  129. F-Secure and antivirus by phorm · · Score: 1

    Does anyone use an F-Secure antivirus program and have experience with the rootkit. We use some of their products at work, but I haven't as of yet run into a rootkitted machine so I'm unsure of whether the antivirus does anything about it.

  130. My Sony SonicStage experience by Mr2cents · · Score: 1

    A friend of mine came in last year with a sony mp3 player (it must have been the RC5, for it was marketed as a "real" mp3 player). He's computer illiterate and wanted me to put some of his cd's on the stick. I don't have windows, so I just stuck it into the usb port and it showed up as a drive. I ripped the CD's under linux and copied the resulting mp3's. It didn't work. So I imagined there was something wrong with the mp3 format and tried different options for converting to mp3. Nothing worked, and he was going on vacation in a few days so it needed to be done asap. I spent all night trying to make it work.

      Eventually, at 5AM, I gave up. I had my sister's computer at home for cleanup, and she had winXP. I installed SonicStage on it and copied the files using that crappy software. I suspected call-home "features", so I made sure it wasn't connected to the internet. Later, I didn't manage to uninstall it, so I just deleted the folder in program files. Now, I suspect there still are some "drivers" present. I'm not sure, maybe it's just an irrational fear, and I'm really just paranoid. Maybe not.

    Bottom line: I vowed never to buy Sony. Ever.

    --
    "It's too bad that stupidity isn't painful." - Anton LaVey
    1. Re:My Sony SonicStage experience by brettlbecker · · Score: 1

      Wish I'd seen these replies yesterday... anyway.

      It is a shame that Sony forces you to use SonicStage to interact with the Walkman, because the Walkman (at least the model I have) is really an excellent player. But yes, you do have to have SonicStage, and yes, it is absolutely horrid.

      The grandparent was wondering if the device shows up as removable hardware, and the answer is "yes". You can use it as an external HDD, but just copying music files to it does not allow you to play them. That can only be done through SS. But for anything else, if you need a really expensive external HDD, the player works fine for that. :P

      Sony is getting a lot of shit right now, and rightfully so. It really is too bad, because I've been very happy with the player itself. Here's hoping the company will be able to turn this around. I'm doubtful, but anyway.

      B

      --
      "We must still have chaos within in order to be able to give birth to a dancing star." --Friedrich Nietzsche
    2. Re:My Sony SonicStage experience by Mr2cents · · Score: 1

      I have only had the chance to use it for a short while, but yes, the player was really stylish, ergonomic and with good audio quality. I'm sure SS installs all sorts of nasty stuff on your PC, though (after the recent events, I consider Sony guilty until proven otherwise). Anyway the "poor uninstall support" (mentioned all over the web) is typical for spyware.

      --
      "It's too bad that stupidity isn't painful." - Anton LaVey
  131. It's their lawyers' fault! by kindbud · · Score: 1
    Sony BMG says it asked the two software companies to investigate and find a solution to the problem. "From the moment our people learned that F-Secure had identified a potential problem we contacted our vendor and in no uncertain terms told them you have to get with F-Secure and find out what needs to be done about it," says Daniel Mandil, Sony BMG's general counsel.


    If this is the kind of professional their general counsel is, they need to clean house. It is totally unacceptable to blame a contractor for the fuckup you sold to your own customers, and any lawyer worth an hour's consulting fees should know this. The customers harmed by this action don't have any relationship with the contractor, they have one with Sony BMG. If I was their general counsel, I certainly would not be giving this kind of pass-the-buck statement to the press.
    --
    Edith Keeler Must Die
  132. Political, not technical by dbIII · · Score: 2, Insightful

    F-Secure would probably be facing legal action from Sony if they deliberately prevented Sony's software from running. In the land of the DMCA where a guy who plays chess against the Russians is a traitor and a guy who sells weapons to Iran to give money to a drug dealer is a patriot who knows which way it would go? Either way the antivirus companies lose - viruses and malware produced by companies with major legal clout will most likely be a major headache for the antivirus companies from now own.

  133. Re:using xcp to protect by madhusud · · Score: 1

    Hmm, so the xcp client gets its banners from connected.sonymusic.com
    I wonder if the tech community cant teach SonyBMG a lesson by cracking Sony's DNS server and only redirecting the XCP banner requests to a banner that tells users about XCP flaws. The rest of connected.sonymusic.com.. could still be transparently directed to the original site I suppose.

    That would certainly be a case of cracking for some social good. If Sony wont/cant do the right thing, a case of tech vigilantism could be justifiable

    Regds

  134. Making excuses for them? by MacDork · · Score: 1
    Sony, like all megalithic corporations, behaves internally like dozens of smaller, independant companies. They're vying for their shares of the corp's limited resources and trying to justify their continued existence. I work for IBM, and it's the same way.

    That said, I wouldn't be surprised if the people who received this warning never had any contact with the people responsible for the rootkit.

    Yeah, but here's the funny thing. I haven't heard about anyone getting fired for this yet.

  135. Re:They shouldn't have recalled the CDs by CaptainDuh · · Score: 1

    No. You download from high to low and upload from low to high, which is why you download from the internet or any other network. Since these people have Sony's rootkit on their computers they are clearly low, making download the proper term.

  136. Maybe this is up their alley... by Anonymous Coward · · Score: 0

    What if everyone just decided to go to http://www.upsrow.com/sonybmg/ and automatically "exchange" a CD (or choice note, or rock or [insert your item]) using a fake email and address? Wouldn't that be a sort of poetic justice for Sony who's haxored the computers of those who bought their CDs? Not that I'm suggesting it or anything...it would just be an interesting /. effect.

  137. Re:They shouldn't have recalled the CDs by Technician · · Score: 1

    They should have left the rootkit in place so we could download some good music directly to these misguided buyers' hard drives.

    That would be a total waste of time. The malware that also ships corrupts the data from a rip giving a corrupt file full of pops and clicks. That is what the DRM software hidden by the root kit does. It corrupts the data from the drive to your ripping program to make corrupt MP3 files. Only their included player can re-create the original sound, but it's not saving any clean MP3 files for grabbing.

    --
    The truth shall set you free!
  138. Re:Proves public disclosure is the best for securi by rtb61 · · Score: 1
    Why fine a corporation, you just end up punishing the shareholders (with the executives and directors still profiting). Pursue the people that actually made the decisions and those that carried them out. You can then if effect imprison a corporation by the simple expediancy of imprisoning those people hiding in the shadows and profiting as a result of their decisions and actions.

    Throwing a bunch of corporate excutives and directors in jail for the actions of their corporation whilst they were at the helm will soon start to bring the others back under control.

    Fining or punishing a corporation is pointless, convicting those individuals responsible for the actions of that corporation is the only thing that makes any sence at all.

    --
    Chaos - everything, everywhere, everywhen
  139. Re:Proves public disclosure is the best for securi by stickb0y · · Score: 1
    There were people at Sony that approved this technology for use on CDs; they could face jail time. There were people at Sony that knew that their software included a rootkit and insecure kernel modifications, and yet claimed otherwise; they could face fraud charges

    I'm not so sure. Do you really think the Sony Music execs truly understood what they approved? Most people don't know what rootkits and kernels are, and I don't think the music execs fully grasped its implications either. I don't think the following is so unlikely:

    Sony Music: We want a DRM solution.
    First4Internet: Here you go.
    Sony Music: And you assure us this works?
    First4Internet: Sure.
    Sony Music: Okay!

    Even if First4Internet explained to them how their system worked, most people aren't very forward-thinking. Lots of people don't really have the imagination or the comprehension to consider the consequences and implications of their actions, especially in the software realm. (Also keep in mind that Sony Music is separate from Sony Electronics, Sony Computer Entertainment, etc.. Do they have a staff of qualified software engineers?) Would it have occurred to any of the Sony Music execs that viruses or other malware could take advantage of this system? I doubt it. I think it's pretty evident they're not that creative.

  140. Small Claims by abb3w · · Score: 1
    The good thing about small claims court is that lawyers are not allowed.

    IANAL, but this is misleading. First, the rules vary from state to state. For example, NY used to require an attorney represent a corporation going to Small Claims Court (either as plaintiff or defendant), and allowed but did not require it for individuals. Other states allow private individuals to choose whether or not to have an attorney represent them; all, however, allow pro se representation in Small Claims — individuals never need a lawyer.

    While it seems California does not allow attorney representation in SCC, they may consult with you before and after. Some states that don't allow attorney representation will permit having the attorney in the courtroom to advise; it doesn't look like CA allows that, however.

    Second, while California does not allow a lawyer to be hired to represent a side in court, if a corporation has a lawyer already as an employee, they may send the lawyer (as an employee) as the representative. What are the odds that Sony has a lawyer employed? Hmmm....

    You actually have to have been damaged in a way that cost you money in order to collect in small claims court.

    Note that, if you do the system reinstallation yourself, you can usually try and collect reimbursement for that time at your normal hourly wage. This is easier if you do computer work on the side, but is still possible -- after all, this took your time, which has a demonstrated cash value.

    If you win your case, you've not only made SONY liable for your damages (plus your court costs) you've also cost them probably more than your damages especially if they send one of their legal department lawyers.

    Well... no. Corporate lawyers as I understand are usually salaried; they'd be paid regardless. Sony's really only out travel expenses. This only seriously costs Sony if enough people do it that Sony needs to hire more lawyers.

    --
    //Information does not want to be free; it wants to breed.
  141. A Question About the Rootkit and Sony Subsidiaries by kwietman · · Score: 1

    Haven't been able to find any information about CDs distributed by Sony subsidiaries like RCA/BMG, and whether they, too, would be exchanging CDs. Foo Fighters' In Your Honor is carrying the copy protect software, but does not appear on the list of "official" CDs acknowledged by Sony as having the flawed protect software. The site for the copy protect (sunncomm.com) and the label/artist page have no info on whether this CD will be included, along with others published under another label. Or, am I completely off base? Is this a different software altogether? If so, does it have the same vulnerabilities?

    --
    The universe is made of atoms and empty space. All else is speculation. --Democritus of Abdera, 435 BC
  142. Re:Proves public disclosure is the best for securi by glitch23 · · Score: 0

    You can't put a corporation in jail. $100,000 is a slap on the wrist; probably any fine that will be assessed is a slap on the wrist and probably is just a drop in the bucket of all the money that Sony will spend on legal matters in any given year.

    You can't put a corporation in jail but as you state, people in the corporation knew about it. I'm sure any one of them would love to go to jail. $100k is a slap on the wrist but it is $100k for each violation for some of the lawsuits that have been filed. *That* may not end up being a slap on the wrist. I'd love to see Sony fined a bunch of money or even 1 Chief Officer from Sony Ent. go to jail over this.

    --
    this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address
  143. Re:They shouldn't have recalled the CDs by sharpestmarble · · Score: 1

    No, it'd be sharing it, since they don't have the actual music.

    --
    AC's modded -6. I don't see you, I don't mod you, anything you say is lost. Don't like it? Don't be a coward.