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Victory!
I’m proud to announce a significant victory in the ongoing Sony Digital Rights Management (DRM) saga; Sony has capitulated almost entirely. While not publicly admitting blame for distributing a rootkit, providing no uninstall for the DRM software, implementing a music player that sends information to Sony’s site, and supplying a remotely-exploitable ActiveX control for the on-line uninstall they eventually made available – all without any disclosure to users – they have come close.
Sony BMG’s site now includes a prominent link on its front page, “INFORMATION ON XCP CONTENT PROTECTION,” that takes visitors to a page with a statement from Sony that declares its concern over the security issues raised by its software. The first paragraph points out that Sony licensed the software from First 4 Internet, which while true, does not hold Sony any less responsible for its use of the software or the contents of the End User License Agreement (EULA).
The paragraph continues by saying that Sony will offer consumers that have purchased the spyware-laden CD’s with unprotected versions, that they are suspending production of the rootkit-based CD’s and that they are recalling existing from store shelves, which they’ve said elsewhere comes to around 2 million units. Furthermore, Sony has finally withdrawn the spyware-like uninstall-request process, which included the download of an ActiveX control that’s proven to be its own security risk, and promises the imminent release of a stand-alone uninstaller. Note that because the control is also used in the update patch, I strongly recommend that you do not apply the patch to disable the cloaking, but instead follow the manual steps I've outlined to disable the rootkit and wait for Sony to address the flaws.
Why did I qualify my statement regarding their response? Two reasons: first, as I’ve stated, they don’t admit wrongdoing, only that the software was a security concern. Second, there’s no statement on Sony’s site or their press releases regarding future policy. They go as far as saying that they “will continue to identify new ways to meet demands for flexibility in how you and other consumers listen to music”, but say nothing about their stance on rootkits or disclosure during software installation.
Speaking of disclosure, I hope this story isn’t over. Attention now needs to turn to the broader issues that go beyond DRM to software in general. They include acceptable behavior of commercial software, from both legal and ethical standpoints, and appropriate disclosure of software behavior. We’ve been living in a world of hazy laws surrounding EULAs and ideally this case will lead to more clearly defined laws and standard judicial principles.
There are several pending class action lawsuits, likely more to come, and its my expectation that a U.S. government agency will eventually announce a formal investigation. The Federal Trade Commission is the one most likely to take up the case and if so, some of its recent actions against spyware vendors may have set promising precedents.
Of course, this first victory would not have happened without your participation in bringing the story to the attention of the media both in this blog and in other publications. I congratulate everyone that voiced their concern over the trend Sony’s software portended and I encourage you to continue to fight for a long-lasting resolution on the issue of software installation and disclosure.
Here are some other other links that you might want to check out.
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Sony BMG Sued Over CD's With Anti-Piracy Software
By TOM ZELLER Jr.
Published: November 22, 2005
In separate legal actions yesterday, the Electronic Frontier Foundation, an influential digital rights advocacy group in California, and the Texas attorney general filed lawsuits against the music publisher Sony BMG, contending that the company violated consumers' rights and traded in malicious software.
They are the latest in a series of blows to the company after technology bloggers disclosed this month that in its efforts to curb music piracy, Sony BMG had embedded millions of its music CD's with software designed to take aggressive steps to limit copying, but which also exposed users' computers to potential security risks.
The copy-protection software, called XCP, was bought by Sony BMG from a British company, First 4 Internet, and was installed on 52 recordings, totaling nearly five million discs, according to the music publisher, which is jointly owned by Sony and Bertelsmann.