[IP] Texas Files New Spyware Claim Against Sony BMG
Begin forwarded message:
From: Bruce Hayden <bhayden@xxxxxxxx>
Date: December 23, 2005 12:23:47 AM EST
To: CYBERIA-L@xxxxxxxxxxxxxxxx
Subject: Re: [CYBERIA] Texas Files New Spyware Claim Against Sony BMG
Reply-To: Law & Policy of Computer Communications <CYBERIA-
L@xxxxxxxxxxxxxxxx>
Randall wrote:
http://htdaw.blogsource.com/post.mhtml?post_id=119253
Texas Files New Spyware Claim Against Sony BMG
December 22, 2005
By Reuters
HOUSTON—The Texas attorney general said on Wednesday he added a new
claim to a lawsuit against Sony BMG Music Entertainment accusing it of
violating the state's laws on deceptive trade practices by hiding
"spyware" on its compact discs.
The SunnComm / MediaMax DRM code that Sony has included on a number
of its music CDs appears to be a bit different than the original
First 4 XCP DRM
software. While it does appear to provide some vulnerability for
hacking, etc.,
it does not appear to be anywhere near as bad in that respect as XCP
was,
or, indeed, the various fixes and removals that Sony provided for XCP.
However, it does still appear to "call home" to a Sony site in order
to download
advertising corresponding to the tune being played. This concept is
called
"Perfect Placement" by SunnComm / Media Max, but spyware/adware by
others.
Also, software is apparently run even if the Sony EULA is declined.
SunnComm personnel claim that this is because there is a "gray area"
between
when the CD is loaded and when the EULA is declined, and that what they
are essentially doing is running a TSR (terminate and stay resident)
program.
In other (not their, by my) words, they are installing the software
and letting
it run until next reboot. But it only becomes scheduled for automatic
starting
as a service when the EULA is accepted.
My view is that this distinction is fallacious, and will be lost on
the courts.
Yes, at one time, you could load software into memory without having to
write it to disk. But as far as I know, not with the present
incarnation of Windows.
So, Sony / SunnComm / Media Max are essentially claiming that even
though
they write the software to disk to run it, it isn't really installing
it without
permission because it isn't making it a service to run at subsequent
boots.
I also see the writing of the software to disk to run it, regardless of
acceptance of the Sony EULA as essentially negating the EULA.
At a minimum, the EULA shouldn't protect them from installation
of the DRM software when it is declined.
For more information than you ever wanted on this subject:
http://sonyrootkit.blogspot.com/
http://www.sysinternals.com/blog/
http://www.eff.org/IP/DRM/
http://www.freedom-to-tinker.com/
http://www.boycottsony.us/
--
--------------------------------------------------------------------
The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 2005 Bruce E. Hayden,all rights reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
--------------------------------------------------------------------
Bruce E. Hayden bhayden@xxxxxxxx
Dillon, Colorado bhayden@xxxxxxxxxxxx
Phoenix, Arizona bhayden@xxxxxxxxxxxx
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