Think Sony's Rootkit was bad? Read this...

[LoneWolf121188]

First:

Sony's response to the whole rootkit fiasco has been anything but reassuring -- which is probably why they're facing a series of lawsuits about the matter. However, the folks over at Digg have highlighted what might be the single most ridiculous statement on the matter from a Sony executive during an NPR interview about the matter. After taking issue with anyone using the terms "spyware, malware or rootkit," Thomas Hesse, President of Sony's Global Digital Business, literally says: "Most people, I think, don't even know what a rootkit is, so why should they care about it?" Ah, right. Because people don't know about this technology that was installed without proper notification, which hides things on their computers, which can be misused by those with malicious intent to hide more software on their computers potentially causing all sorts of damage... they have nothing at all to worry about. This goes beyond the "trust us" response they were originally stating to the unfathomable rationale that what you don't know about can't possibly hurt you.

You've got to be kidding me. I dont think Mr. Hesse even knows what a rootkit is.

Next:

If you thought XCP "rootkit" copy-protection on Sony-BMG CDs was bad, perhaps you'd better read the 3,000 word (!) end-user license agreement (aka "EULA") that comes with all these CDs.

First, a baseline. When you buy a regular CD, you own it. You do not "license" it. You own it outright. You're allowed to do anything with it you like, so long as you don't violate one of the exclusive rights reserved to the copyright owner. So you can play the CD at your next dinner party (copyright owners get no rights over private performances), you can loan it to a friend (thanks to the "first sale" doctrine), or make a copy for use on your iPod (thanks to "fair use"). Every use that falls outside the limited exclusive rights of the copyright owner belongs to you, the owner of the CD.

Now compare that baseline with the world according to the Sony-BMG EULA, which applies to any digital copies you make of the music on the CD:

If your house gets burgled, you have to delete all your music from your laptop when you get home. That's because the EULA says that your rights to any copies terminate as soon as you no longer possess the original CD.

You can't keep your music on any computers at work. The EULA only gives you the right to put copies on a "personal home computer system owned by you."


If you move out of the country, you have to delete all your music. The EULA specifically forbids "export" outside the country where you reside.


You must install any and all updates, or else lose the music on your computer. The EULA immediately terminates if you fail to install any update. No more holding out on those hobble-ware downgrades masquerading as updates.


Sony-BMG can install and use backdoors in the copy protection software or media player to "enforce their rights" against you, at any time, without notice. And Sony-BMG disclaims any liability if this "self help" crashes your computer, exposes you to security risks, or any other harm.


The EULA says Sony-BMG will never be liable to you for more than $5.00. That's right, no matter what happens, you can't even get back what you paid for the CD.


If you file for bankruptcy, you have to delete all the music on your computer. Seriously.


You have no right to transfer the music on your computer, even along with the original CD.


Forget about using the music as a soundtrack for your latest family photo slideshow, or mash-ups, or sampling. The EULA forbids changing, altering, or make derivative works from the music on your computer.

So this is what Sony-BMG thinks we should be allowed to do with the music on the CDs that we purchase from them? No word yet about whether Sony-BMG will be offering a "patch" for this legalese rootkit. I'm not holding my breath.

 

[Stavros]

So much for me ever buying a Sony product. Sucks for Sony.

 

[RoadWarrior]

Betamax, minidisc, now this, really on a roll aren't they?

 

[Spion]

the reason why i backup my cd's is incase my cd's get stolen so then i can still burn a copy. witch according to sony is illegal

 

[LoneWolf121188]

Betamax, minidisc, now this, really on a roll aren't they?

lmao . Dont forget "i.LINK" (seriously, who the heck puts a brand name on an industry standard??? ), memory stick (lets use a propriatary MMC format that no one else can use!) and that one format they want you to use on their mp3 players, what was that called...oh yeah, ATRAC (see MMC explaination)...

 

[c627627]

Thomas Hesse, President of Sony's Global Digital Business, literally says: "Most people, I think, don't even know what a rootkit is, so why should they care about it?"

Here's another one along those lines:


Customers who follow safe browsing best practices are not likely to be compromised by any exploitation of the WMF vulnerability. Users should take care not to visit unfamiliar or un-trusted Web sites that could potentially host the malicious code.
Microsoft
January 3, 2006


So, YES!! Restrict your browsing to safe places, no way no how can they ever harbor unsafe code...

 

[Zulu-1]

bad sony... BAD!

 

[Ebola]

I backup all of my digital media on Sony CDRs.

 

[tom10167]

Meh, whatever. I really care what one EULA says vs. another, even though I don't plan on reading or following them ever.

Also, there's no possibility that this is a one-sided article.

 

[threeme2189]

that is so stupid. next thing you know we wont be able to listen to our store bought CD's.

 

[d94]

skrew sony!

 

[SuperFarStucker]

People just don't care still. Sony could **** in there mouth and they'd still beg on their knees for a PS3. It is pathetic, people have no intestinal fortitude these days. The argument goes something along these lines... But Sony BMG isn't SCEA. Well that was my hand, this is my foot.

 

[Feydd]

Typical fatcat CEO thinking. If it can help make my bottom line better while keeping the world oblivious to what it really is then whats the problem?