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Sony DRM Installed Even When EULA Declined
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.'"
"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?
Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
By clicking "Agree" below, you agree to the terms of this EULA. By clicking "Decline" below, you agree to the terms of this EULA.
[ AGREE ] [ DECLINE ]
Shouldn't these charges also be mirrored by the feds seeing how Sony is an international company who's crossed state lines with malicious code?
Walk with Music;
...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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I click through EULAs because I dont think they have any legal weight. Sony in turn ignores my requests not to install since they don't think EULA's have any legal weight. In sshort the 'A' in EULA is not an agreement, meeting of minds, or a legal contract. I'm fine with that I guess. Those privacy rights were unenforcable anyhow so I lose nothing.
Some drink at the fountain of knowledge. Others just gargle.
However, since one clicked Disagree/Decline, then they did not enter into any contract. Yet Sony went and installed software anyway. That is trespass and thus the state should be involved since it was illegal activity.
//m
This is the original blog that revealed the SunnComm DRM installed despite the user declining the EULA. Whereas the XCP DRM could hide behind the EULA excuse, I don't see how SunnComm has any legal fig leaf here (though IANAL).
Supposedly there is about ten times more SunnComm DRM in the wild than XCP DRM, so maybe Sony felt they couldn't sacrifice holiday sales despite the legal exposure.
Sony is complaining that although they declined the offer to be sued, the Texas AG is still pursuing the case.
xkcd.com - a webcomic of mathematics, love, and language.
FTA: "The creator of the copy-protection software, a British company called First 4 Internet, said the cloaking mechanism was not a risk. The company's team has worked regularly with big antivirus companies to ensure the safety of its software, and to make sure it is not picked up as a virus, he said."
First of all, I would like to know who these "big antivirus" companies are so I can stop using their product (assuming I might be). That or to make sure I never use or recommend them to others'.
We are in trouble when antivirus companies are in backroom negotiations with virus makers, I assume for profit, not to detect one virus in favor of another.
How can I trust they haven't negotiated other backroom deals with virus/spyware writers that let other viruses and spyware on my machine?
I want to know who these "anti" virus companies are!
If it were me who tried to install spyware on people's PC's using music CDs, the answer would be yes.
On the other hand, if it were a wealthy multinational corporation who did so, the answer would be... perhaps we can find a discrete settlement to avoid any discomfort to our most valued citizens.
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I have an RCA Victor (one of Sony/BMG's brands) with MediaMax. It absolutely installs software on your computer, even =before= the EULA response box pops up.
We live in the age of Corporate Anarchy. A Corporation has had, in the past, essentially the same rights as an individual human. Now, however, individual rights have been taken away, yet the Corporation is free to do what it pleases. Corporations like SONY feel they are above the law, and are now testing to see how far they can go. After Corporate Anarchy comes Corporate Rule. I would not shed a tear if the Individuals were to blow up Corporate buildings, clean out Corporate bank accounts, and fight in a [very bloody] Revolution against Government and Corporation (war against Facism, in other words). Civil war, if you could call it that, but more like the French Revolution. I think there is no other way around it, because History shows us that it will happen.
Imagine if you order a box of catfood to be delivered that's worth about $10. And then the next day a crowd of 15 attorneys in suits arrive at your door with a 20 page contract, and the box. They won't give you the catfood until you agree to their "license." You can either call your own attorneys, if you have any, and spend several weeks evaluating their contract at the cost of several thousand dollars of your own money, or, they say, you can simply agree to the contract by blinking your eyes.
It turns out that there were worms in the catfood and now your cat is incredibly sick. Amazingly, the attorneys did this on purpose. If you take her to the vet, it will cost you hundreds of dollars to cure her. You don't remember blinking, but they swear you did.
The government has sent an angry letter to the catfood guys, but no one looks like they have any intention of paying your vet bill - or even sending your cat a get well card.
In response to the government, the catfood people announce they've "solved" the problem, because they've agreed to temporarily stop shipping worms in catfood. However, they're still shipping spiders, ants, and leeches - and they have "big plans" to expand the practice.
You don't know exactly how long your cat has left to live, but after watching all this, you get the feeling its days are numbered one way or another.
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Yes and no. You see, there's state and federal laws against computer trespassing. This means that if there's any legitimate use for an EULA, it's to basically indemnify the company by making it clear that the user intentionally installed software. This means that if software is installed regardless, there's a valid basis for computer trespassing--note, this is true if one manages to bypass the EULA, as well. Computer trespassing laws are generally very vague and badly written, so only something like an EULA really will protect an entity from prosecution under them. At least in this case, were someone was specifically presented the EULA and did not agree to it while software is installed anyways, there's no way to somehow misinterpret the letter or the spirit of the law to not take it as computer trespassing, unlike with intentionally bypassing or hacking an EULA to install software without agreeing to it.
Eurohacker European paranoia, gun rights, and h