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A Legal Analysis of the Sony BMG Rootkit Debacle

YIAAL writes "Two lawyers from the Berkeley Center for Law and Technology look at the Sony BMG Rootkit debacle: 'The Article first addresses the market-based rationales that likely influenced Sony BMG's deployment of these DRM systems and reveals that even the most charitable interpretation of Sony BMG's internal strategizing demonstrates a failure to adequately value security and privacy. After taking stock of the then-existing technological environment that both encouraged and enabled the distribution of these protection measures, the Article examines law, the third vector of influence on Sony BMG's decision to release flawed protection measures into the wild, and argues that existing doctrine in the fields of contract, intellectual property, and consumer protection law fails to adequately counter the technological and market forces that allowed a self-interested actor to inflict these harms on the public.' Yes, under 'even the most charitable interpretation' it was a lousy idea. The article also suggests some changes to the DMCA to protect consumers from this sort of intrusive, and security-undermining, technique in the future."

2 of 227 comments (clear)

  1. Re:Minor correction by BlueStrat · · Score: 0, Flamebait

    The US has a weird, hyper-patriotic society that a lot of Europeans find bizarre, brainwashing and militaristic.

    It's the USAs' military might that saved Europe in WW1 and WW2, and recently through NATO that allows much of Europe to eschew a large military for protection and kept them from becoming another Soviet satellite nation or becoming another Chinese Tibet.

    You're welcome.

    And only giving the franchise to people who have previously served in the military? Screw you! What gives you the right to decide that? What gives those citizens the right to decide how everyone else gets to live? Nothing whatsoever.

    Doesn't have to be military, as in Heinleins' world it was simply public service, of which the military was one branch. Plus, we're talking theoretically about a science fiction novel. Nobody is taking anything away from anyone. Chill!

    Cheers!

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  2. Re:Minor correction by mckyj57 · · Score: 0, Flamebait

    "Even today, one of the qualifications that many people look for in their elected leaders is previous military service."

    "Even today, one of the qualifications that many people IN THE USA look for in their elected leaders is previous military service."

    The US has a weird, hyper-patriotic society that a lot of Europeans find bizarre, brainwashing and militaristic.


    Thereby showing that you have zero understanding of history. Europe has had the hyper-patriotic societies that led the world to war.

    And not only do you have zero understanding of history, you don't even know what the words "hyper" and "patriotic" mean. If a nation were hyper-patriotic, it would not tolerate dissent. Oh yes, I forgot. You are European and lump everyone in the U.S. together as one amorphous blob. You probably believe the U.S. is a police state that represses free speech or something.

    Europeans are so often tiresome. So many believe they are superior, but in trying to demonstrate it show how lacking they are.