Sony Sues Rootkit Maker

flyboy974 writes "Sony BMG Music Entertainment is suing the company that developed anti-piracy software for its CDs, claiming the technology was defective and cost the record company millions of dollars to settle consumer complaints and government investigations. The software in question is the MediaMax CD protection system, widely derided as a rootkit. Sony BMG is seeking to recover some $12 million in damages from the Phoenix-based technology company, according to court papers filed July 3."

Comments

$12,000,000 is peanuts.

[Anonymous Coward]

Being able to pass the blame to someone else is priceless.

Re:$12,000,000 is peanuts.

[miro f]

maybe Sony should sue themselves? =)

I don't think Sony should be the ones suing them, they contracted the software, and it was delivered to their specifications. Sony can't blame the people who wrote the software for doing what was asked.

If Sony didn't know what the software was doing then it's their own stupid fault.

If the software was illegal, then it's surely a matter for criminal court, and surely Sony shouldn't be awarded damages for being stupid enough to have this software written in the first place

Re:$12,000,000 is peanuts.

[pluther]

...they contracted the software, and it was delivered to their specifications. Sony can't blame the people who wrote the software for doing what was asked.

I think they probably missed one important specification:

It was supposed to do it without anybody knowing about it.

Re:$12,000,000 is peanuts.

[Red Flayer]

I don't think Sony should be the ones suing them, they contracted the software, and it was delivered to their specifications.

RTFA. One of Sony's claims is that it was not delivered to specifications.

If the software was illegal, then it's surely a matter for criminal court, and surely Sony shouldn't be awarded damages for being stupid enough to have this software written in the first place

Sony settled with various governments to avoid a lengthy legal process. If one of their suppliers was responsible for the illegal code, and falsely represented to Sony that the code was completely legal, then Sony sure as hell has both standing and reason to sue to be recompensed for those damages.

Yes, Sony was responsible for releasing the rootkit on their CDs. However, it is quite possible that Amergence should be held responsible for misleading Sony if that is in fact what happened.

Responsibility

[fastest fascist]

Seems to me like the responsibility for the functioning of a product should fall upon the distributor. Of course, you could ask if Sony is suing more for the money or as a PR measure to try to shrug off some of the blame for the whole debacle.

Re:Responsibility

[AvitarX]

Sony was responsible for distribution to the public.

Now they are trying to hold someone responsible for distributing to them.

Re:Responsibility

[toleraen]

It was Sony's responsibility. Hence they were sued by the consumers for it. However, if the company provided Sony with software that was not fully functional (overly functional?) without disclosing it, it's definitely court time. The PR certainly doesn't hurt though.

The enemy of our enemy...

[Dan East]

The enemy of our enemy is still our enemy. In this case let them fight it out, and hopefully in the future all parties involved (content producers, technology developers, etc) will be too scared of financial damages to do something this stupid again.

This is actually a very good thing, because no-one involved will be immune to the consequences.

Dan East

There's an idea!

[Rob T Firefly]

All those landmines I buried in my front lawn made me look like a total psychopath when they blew up all those postal carriers, girl scouts, and neighborhood cats. Apparently, I can restore my status as a fine upstanding member of the community by simply suing the manufacturer of said landmines!

But didn't they read the Click-through EULA?

[erroneus]

...that they do not warrant nor guarantee this software to be suitable for any function or use, especially for that which it was designed? That they agree to indemnify (love that word, it means you can't sue or hold responsible) the seller or maker of the software for any reason at all?

Re:Sony BMG does nothing to hurt their reputation

[Red Flayer]

Well, seeing as Sony did not have direct business dealings with Fortium, how would they have standing to sue them?

Sony made the purchase from Amergence -- they are claiming, among other things, that Amergence delivered a product that did not operate as described.

If Amergence wants to sue Fortium along the same reasoning, they are welcome to -- though I think they'd have a hard time of it.

Who originally wrote the rootkit is of no relevance. What matters is whether Amergence falsely represented the product they sold to Sony.

Re:Sony BMG does nothing to hurt their reputation

[ajs]

First off, Sony will likely win, but as always, it will depend on the specifics of the contractual relationship.

It's probably understandable that technologists would assume that the original author of the software would be the correct target of the lawsuit. This is not so. Sony is not suing over the failure of the code (the code worked relatively correctly), but over the fact that the software was sold to them as a means of controlling their market, and it not only failed to do so, but cause serious injury to their business as a result. That's the fault of the people who represented this software to Sony as a viable solution with acceptable risk.

Re:Sony BMG does nothing to hurt their reputation

[gsslay]

The rootkit software was developed by First 4 Internet (now called Fortium Technologies) Which is a totally irrelevant fact. Sony BMG's contract was with The Amergence Group Inc. If your phone didn't work, would you sue Alexander Bell or your phone company? Guess who you'd have more success suing?

Which is not to say that Sony BMG's case has any merit. But then I, and everyone else here, do not know what the contractual arrangement between the two companies was and how the rootkit was presented to Sony.

Re:I'm confused

[networkBoy]

A company to hate I think that's microsoft around here, though Sony is up there too I guess.

Nothing wrong with preventing copy yes there is something wrong. I do not want to buy a song from iTunes for a buck that I already have on disk, just to listen to it on my iPod, or better yet, I don't have an iPod, so iTunes is useless to me, and AllOfMP3 is shuttered so I can't get MP3's there, thus they have to come from my CD or from file-sharing as my only two choices.

The company they hired pushed faulty software Actually I think this was a different company than the root kit, but since most everyone who understands the media's goal with DRM agrees it's defective by design, then yes I agree.

As a person who has used sony programs and devices for years ditto, though no more and never again if at all avoidable

I can attest that normally their EULA's are in your face and pretty annoying. This case just seems out of character for the company. betamax licensing was just as bad, no it's not that far out of character. Just in the consumers face nowdays.
The Sony I used to love is dead. Management changes have turned it from a pioneering company into a slogging lumbering hulk that only wants more money, not customers' loyalty.
-nB

Re:Sony BMG does nothing to hurt their reputation

[Nalarik]

DCE - Digital Consumer Enslavement