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Sony DRM Installed Even When EULA Declined

Posted by Zonk on from the damned-if-you-don't dept.

HikingStick writes "News.com is reporting that the Texas attorney general is expanding the allegations against Sony. It seems the software would install even if users declined the EULA. From the article: 'The Texas attorney general said on Wednesday that he added a new claim to a lawsuit charging Sony BMG Music Entertainment with violating the state's laws on deceptive trade practices by hiding 'spyware' on its compact discs ... The new charges brought by Abbott contend that MediaMax software used by Sony BMG to thwart illegal copying of music on CDs violated state laws because it was downloaded even if users rejected a license agreement.'"

2 of 433 comments (clear)

  1. Criminal Tresspass by Renraku · · Score: 5, Interesting

    "Can I come into your house?"

    "Nope."

    "Ok."

    Man turns around to find the stranger at the door has already moved his shit into his house. Does this not constitute tresspassing?

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  2. While I'm pleased I suppose... by Concern · · Score: 5, Interesting

    ...this is a bit ridiculous on its face. Sure the spyware is illegal in about a dozen different ways (depending on your state) but... this all hinges on whether or not we accept or decline a EULA? How does that make sense?

    That kind of reasoning by implication gives EULAs legitimacy which THEY DO NOT HAVE.

    Since when under common law do we have such outrageously elaborate and suprising binding legal agreements by parties without equal representation?

    Since when can agreement be given by pressing a mouse button or removing shrinkwrap?

    The EULA itself is an ugly audacious legal fiction... this is why they needed UCITA to attempt to legitimize them after the fact.

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