Sony Settles With FTC Over Rootkits

The FTC has struck a deal with Sony punishing Sony for the rootkits it included on millions of CDs in 2005. The deal is exactly like the Texas and California settlements — $150 a rootkit. The settlement isn't final yet. There will be a 30-day public consultation. American citizens who read Slashdot might want to put in their two cents. Comments will be accepted through March 1 at: FTC, Office of the Secretary, Room H-135, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 (snail mail only). Here is the FTC page announcing the settlement.

Comments

150? If by 150 you mean 150ml

[Cocoshimmy]

How about 150ml of the Sony CEO's blood per rootkit. If they run out, then start taking blood from the rest of the executives in a hierarchical fashion.

Save your reciept ?

[Joebert]

Under the settlement, Sony BMG must allow consumers to exchange affected CDs bought before 31 December 2006, and reimburse them up to $150 (£76) to repair damage to their computers.

I understand why stores require reciepts to return stuff, but when it comes to CDs which are non-returnable once that plastic wrap is taken off, who the hell bothers to save the reciept ?
How are they going to know when the CD was purchased ?

Meanwhile, RIAA wants $750 per song...

[Zaatxe]

Isn't that a little unfair?

By that rationale...

[GapingHeadwound]

From TFA

The US regulator said the anti-piracy software wrongly limited the devices on which music could be played to those made by Sony or Microsoft.

Hmmm... no mention whether Vista or other Microsoft operating systems will come under fire of the same arguement.

If someone in their basement pulled the exact.....

[Anonymous Coward]

....same thing, their asses would be in the slammer in no time. Sony souldn't be treated any different. This was a computer crime, plain and simple.

Re:how does this multiply out?

[Don_dumb]

Is that $150 per cd "sold through" or $150 per customer who is aware of the lawsuit and actually files to get their cheque? Because I imagine those are entirely different numbers. I wonder how many people have these CDs and dont even realise that their CDs are or have been infected? This did make the mainstream media, but wasn't a huge story. I imagine there are thousands of people who still have no idea.

Wouldn't a better punishment be that Sony is made to stand up and publicize (using such mediums as MTV) the particular CDs that were infected and educate people as to how they can protect against malware. - It openly damages them to those who aren't aware about this (thereby acting as a deterant for anyone else thinking about doing somthing like this), informs the masses as to the lengths DRM goes to (generating more widespread disapproval for DRM) and helps to fight malware through educating the yoot.

So if I'm reading the settlement site correctly...

[Telephone Sanitizer]

Without a receipt for repair services the most that you can qualify for is $25 dollars, at their discretion.

If you removed the unlawful hack yourself, no matter how much pain and suffering it caused, there is every probability that they will compensate you exactly nothing.

(I mean nothing but the opportunity to exchange your defective CD for a slightly less defective one or a DRM-laden download.)

I think the kicker is that this is one of those fancy federal consent-decrees -- like the one that was used to "break" the Microsoft monopoly way back when. They agree not to be such meanies and in exchange, they receive total immunity from prosecution on any related federal charges and all state laws that conflict with the federal decision are automatically superseded.

I'm so glad that the feds are looking out for me. With punishment like that, Sony surely KNOWS they've been naughty. It's certain that they won't do anything like THAT again.

Claim form help?

[Kredal]

The claim form you need to fill out for recompensation is at this link.

One of the questions is as follows:

7. Briefly describe the type of harm / damage / problem you experienced and the steps that you
took in response:

What kinds of problems, other than the pain of removing it, did people have? Was any actual damage done? Did anyone's computer get taken over? I'm just curious what a valid response would be to this, for when I fill out the form.

Re:how does this multiply out?

[Professor_UNIX]

How many people won't even know that they have been rooted?

This sounds like the perfect opportunity for one of those chain e-mail letters to be circulated. "Have you played any of these Sony CDs on your computer? If so you're entitled to $150. Pass this along to 5 other people or you will die tomorrow!"

Understatement of the year...

[Panaqqa]

According to the FTC, the software also exposed consumers to significant security risks and was unreasonably difficult to uninstall.

Huh? "Reasonably difficult"? This damned thing broke Russinovich's machine, and he had to use several utilities he developed himself to get rid of it by looking deeper into the Windows OS than I think Microsoft ever intended (or wanted) anyone to look. How many /. denizens would have looked for this little gem using named pipes to communicate?

"Difficult to uninstall"? Right...

I Chooose a Better Punishment

[N8F8]

I'll never buy something from Sony again until they change their anti-consumer practices.

Wonder who really gets to pay...

[ray-auch]

What's the betting that cost of this gets passed onto artists as deductions from royalties ?

Artist monthly statement:

Sales: $$$
Gross royalties (tiny%): $
Deductions:

      [ blah blah blah ] $$
      DRM legal costs $$
      [new this month]

Net Royalties: -$$$

[NB: you won't have to pay us because we're nice like that, we'll just carry it forward]

Re:how does this multiply out?

[theckhd]

Is that $150 per cd "sold through" or $150 per customer who is aware of the lawsuit and actually files to get their cheque?

It's not even that simple, FTFA:

As part of the settlement, Sony BMG will allow consumers to exchange CDs containing the concealed software purchased before December 31, 2006 for new CDs that are not content-protected, and will be required to reimburse consumers up to $150 to repair damage that resulted directly from consumers' attempts to remove the software installed without their consent. Sony BMG is required to publish notices on its Web site describing the exchange and repair reimbursement programs.

It's a reimbursement for costs incurred while trying to repair the damage done. I presume this means you would need a receipt from a vendor or service company that removed the rootkit for you. I doubt Sony will award the full $150 to you if you removed it yourself.

Re:How About...

[ObsessiveMathsFreak]

The CEO of Sony has gone on the record as saying he thinks online music sales are too expensive and should be close to the 25c mark.

What a great guy. Going on record saying what he sees as fit instead of actually running the company the way he sees fit.

Why are they even paying this man?

Re:If someone in their basement pulled the exact..

[jimicus]

Yes, but Sony is a company and this is the USA.

All the rights of an individual with hardly any of the responsibilities.