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Sony Government The Courts News Your Rights Online

Sony DRM Installed Even When EULA Declined 433

HikingStick writes "News.com is reporting that the Texas attorney general is expanding the allegations against Sony. It seems the software would install even if users declined the EULA. From the article: 'The Texas attorney general said on Wednesday that he added a new claim to a lawsuit charging Sony BMG Music Entertainment with violating the state's laws on deceptive trade practices by hiding 'spyware' on its compact discs ... The new charges brought by Abbott contend that MediaMax software used by Sony BMG to thwart illegal copying of music on CDs violated state laws because it was downloaded even if users rejected a license agreement.'"
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Sony DRM Installed Even When EULA Declined

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  • by kawika ( 87069 ) on Thursday December 22, 2005 @01:03PM (#14318696)
    This is the original blog [freedom-to-tinker.com] that revealed the SunnComm DRM installed despite the user declining the EULA. Whereas the XCP DRM could hide behind the EULA excuse, I don't see how SunnComm has any legal fig leaf here (though IANAL).

    Supposedly there is about ten times [com.com] more SunnComm DRM in the wild than XCP DRM, so maybe Sony felt they couldn't sacrifice holiday sales despite the legal exposure.
  • by twiddlingbits ( 707452 ) on Thursday December 22, 2005 @01:08PM (#14318759)
    Correct, contracts have to be entered into bilaterally not unilaterally. It is a matter for the State as it is then Fraud to execute a contract not agreed to by both parties. Criminal prosecution IS the domain of the State. If the GP poster can think of a civil tort that was committed by Sony the sue them. Find a good lawyer who will get 40% of what you win and go for it. Or you could go to small claims court. If you win, just how do you think you will enforce the penalty?
  • by AKAImBatman ( 238306 ) <akaimbatman@gmaYEATSil.com minus poet> on Thursday December 22, 2005 @01:10PM (#14318779) Homepage Journal
    UT, if you don't agree, the software doesn't install and you can't return the software to the store.

    That's news to me. Most EULAs I've read on shrink wrapped software state that you can return the software for a full refund if you don't agree with the terms and conditions. If the store won't accept the return due to some stupid policy, then contact the software maker directly for your refund.
  • by LexNaturalis ( 895838 ) on Thursday December 22, 2005 @01:10PM (#14318783)
    I think it's just another straw in the pile. This just adds another charge against the company that they will have to defend themselves against. The other charges don't hinge on the EULA issue at all; the rootkit is still illegal. This is simply ANOTHER thing they are adding. So even if the rootkit is found to be legal, they can still be nailed with this charge.

    From my law classes, my lawyer professors told me that a favorite trick of lawyers is to allege as many possible crimes/violations as possible so as to make the other side more likely to either plea bargain or settle as well as to raise the chances of successfully arguing at least ONE of the charges/torts.

    (Disclaimer: IANAL, just had some law classes)
  • by FreeBSD evangelist ( 873412 ) on Thursday December 22, 2005 @01:17PM (#14318851)
    I have an RCA Victor (one of Sony/BMG's brands) with MediaMax. It absolutely installs software on your computer, even =before= the EULA response box pops up.
  • by WidescreenFreak ( 830043 ) on Thursday December 22, 2005 @01:24PM (#14318933) Homepage Journal
    Seems to me someone could easily reverse engineer (remember not to agree to any silly Eula) and build an equivalent piece of software that can bypass any DRM attempt.

    Um ... the Shift key has existed on keyboards since the typewriter as far as I know, and Windows has stopped the autorun when holding down Shift for quite some time. It's prevented all auto-installing DRM that I've ever run across from installing itself on my PC.

    I've also been able to avoid DRM on my system by not using or installing anything that I know has DRM associated with it, like Media Player and iTunes. CDex, WinAmp, and the Shift key are the Three Amigos for just about every audio CD out there.

    So, I don't know what you're going on about. The technology has been available for a while. :P
  • by dbucowboy ( 891058 ) on Thursday December 22, 2005 @01:31PM (#14318998) Homepage
    I found this online, it's a list of CD's that have the DRM... don't remember where and I don't know if it's totally accurate but I think it serves as a good list of CD's to be suspicious of. Foo Fighters - In Your Honour Van Zant - Get Right with the Man Ricky Martin - Life Sarah McLachlan - Bloom Remix Album Celine Dion - On Ne Change Pas Neil Diamond - 12 Songs Natasha Bedingfield - Unwritten Kings of Leon - Aha Shake Heartbreak Santana - All That I Am Chris Botti - To Love Again Switchfoot - Nothing Is Sound Patty Loveless - Dreamin' My Dreams Montgomery Gentry - Something To Be Proud Of: The Best of 1999-2005 Mary Mary - Mary Mary My Morning Jacket - Z David Gray - Life In Slow Motion Bob Brookmeyer - Bob Brookmeyer & Friends Shelly Fairchild - Ride Kasabian - Kasbian Pete Seeger - The Essential Pete Seeger The Bad Plus - Suspicious Activity Elkland - Golden Susie Suh - Susie Suh Buddy Jewel - Times Like These Chayanne - Cautivo A Static Lullaby - Faso Latido Our Lady Peace - Healthy In Paranoid Times The Coral - The Invisible Invasion Dexter Gordon - Manhattan Symphonie Acceptance - Phantoms Dion - The Essential Dion The Dead 60s - The Dead 60s Goapele - Change It All Los Lonely Boys - TBD Life of Agony - Broken Valley George Jones - My Very Special Guests Horace Silver - Silver's Blue Amici Forever - Defined Ahmed Jamal - The Legendary Okeh and Epic Recordings Anna Nalick - Wreck of the Day Hitch - Soundtrack Charlotte Martin - On Your Shore Vivian Green - Vivian Raheem DeVaughn - The Love Experience Amerie - Touch Nivea - Complicated Mario - Turning Point G3 - Live In Tokyo
  • by Anonymous Coward on Thursday December 22, 2005 @01:42PM (#14319122)
    New York, NY - December 22, 2005 -- Sony Corporation of America announced today that Tim Schaaff has been appointed to the newly-created position of Senior Vice President of Software Development, effective immediately. Mr. Schaaff reports to Keiji Kimura, EVP and Officer in Charge of Technology Strategy of Sony Corporation.

    http://www.sony.com/SCA/press/051222.shtml [sony.com]

    Hmm someone get fired?
  • by dreamer-of-rules ( 794070 ) on Thursday December 22, 2005 @02:08PM (#14319437)
    The Shift key theoretically works, but doesn't always. I've held down the key, then inserted the CD, waited ten seconds, and then let go, and sometimes the CD still starts the autorun program. How long are you supposed to hold down the shift key? There's no popup or message saying that you can let go now (although there is a message asking if I am physically disabled..)

    To fix this security and UI flaw, I've disabled autorun on our company systems, which breaks certain other features..

    OS X does not autorun. It can, based on the content, start iTunes or iPhoto or something, but it will not automatically run programs from the CD. Which is wonderful. (On OS X, Sony has to beg the user to install the DRM manually-- what a difference!)
  • by cpt kangarooski ( 3773 ) on Thursday December 22, 2005 @02:15PM (#14319530) Homepage
    This is easily resolved in court, and anyone who had their contract breached by Sony should go ahead and file an independent lawsuit (not a class action lawsuit).

    Why? Class actions are efficient. In this case, everyone would be alleging the same thing against the same defendant. It's far better to have that go to court once, rather than have everyone litigate the same thing, which wastes their time and money and clogs up the courts.

    If you have a tortfeasor that harms a lot of people, but where the harm to any one person is slight, you still want to have them cure the harm they caused and to punish them so that they don't do this again in the future. This is not practical if everyone has to sue independently, since many people will not bother (and thus go uncured) and the tortfeasor will not be significantly deterred from doing it again. A class action is an efficient pooling of resources (even if each person harmed is only awarded $1, they only are paying 33 cents for the lawyer -- that's a good deal, really) and can actually deter future tortfeasors.

    Wait, it is costly to sue a big company? Might that be due to the laws created in your state? Might that be due to the lawyers in control of the operation of the law?

    No. It's costly because, in the interests of justice, you have to do a competent job proving that the company did something wrong. Most people do not know how to do this. Complaining that the system is complicated is as silly as complaining that people can't build moon rockets in their backyards -- some diciplines are inherently complicated. Actual justice is hard.

    but a bunch of state lawyers ... will be wealthier.

    State lawyers are just employees. They get a fixed salary like other state employees. It's sole practicioners and partners at firms that get shares of the damages. So if the state wins, the money probably ends up in the state's general fund.

    The problem is that contract law is too complicated, and you can't fight a contract violation in court without a contract lawyer who likely is part of an organization that wrote the law.

    All lawyers get trained in contracts, and since most lawyers deal with contracts no matter what else their specialties are, we all can generally deal with them. Also, most contract law is common law, and has been created by the courts in the US and England over the last thousand years or so. Most of the people who wrote contract law are long dead, and were never particularly organized.

    Let us return to the days when the law was simple to read

    That's never been true, unless you want to go back to an eye for an eye. Law is inherently complex. There is no magical set of laws -- laws being rules for a good, stable, working society -- that is simple and will function. You're looking for a utopia, and those don't exist.

  • by WidescreenFreak ( 830043 ) on Thursday December 22, 2005 @02:29PM (#14319722) Homepage Journal
    The Shift key theoretically works, but doesn't always. I've held down the key, then inserted the CD, waited ten seconds, and then let go, and sometimes the CD still starts the autorun program. How long are you supposed to hold down the shift key?

    What has worked flawlessly for me is this: hold the shift key down while the disc is spinning up. After the light goes out, you need to wait until there is a second blip on the activity LED. It's that second blip that actually indicated that the system is searching the disc for an autorun.inf file. If I release the Shift before that second blip, the autorun kicks in - every time. If I wait for about one or two seconds after that second blip, the autorun is stopped.

    How long this takes seems to be determined by how easily your disc is read by the drive. I have one system with two DVD writers, one old, one new. A CD-R on the old one can take upwards of 30 seconds for it to be recognized and searched for the autorun file. The new drive takes about 10 seconds. In either case, waiting until after the second activity light to release the Shift prevent the autorun.

    Just my two one-hundreths of a dollar. Convert to your currency as apporpriate.
  • by Guspaz ( 556486 ) on Thursday December 22, 2005 @02:47PM (#14319982)
    I take issue with this comment: "used by Sony BMG to thwart illegal copying of music on CDs"

    Since when was it illegal to copy a music CD to put it on ones iPod? Doing so with regular music CDs doesn't violate the DMCA since there is no protection circumvention or reverse engineering going on, so this SHOULD still be legal in the US.

    Of course, IANAA (I Am Not An American), so I may have it wrong.
  • by ceejayoz ( 567949 ) <cj@ceejayoz.com> on Thursday December 22, 2005 @02:55PM (#14320098) Homepage Journal
    No, that's a unilateral offer. An offer is not a contract. Acceptance by the offeree creates the bilateral oral contract.
  • by Khyber ( 864651 ) <techkitsune@gmail.com> on Thursday December 22, 2005 @03:34PM (#14320624) Homepage Journal
    I'd tend to think that the "wanton destruction of your property" is a proper analogy, because that's EXACTLY what the DRM does to any computer running 98 or ME. Once you install, you're fucked. BSOD boot loop immediately.

HELP!!!! I'm being held prisoner in /usr/games/lib!

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