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Sony BMG sued by Texas

21 November 2005 18:53 by James "Dela" Delahunty | 36 comments

Sony BMG sued by Texas The backlash from the tactics used to cloak files on a copy protection technology used by Sony BMG on some CD albums continues with a lawsuit filed against the company by the state of Texas. It alleges that Sony BMG used "spyware software" to enforce limitations on how the disc can be used by a consumer. The software in question, XCP, was developed by UK-based First4Internet and is included on titles by some major artists such as Ray Charles, Frank Sinatra, Louis Armstrong and Celine Dion.

The problem lies in how the software is hidden in the Windows operating system. It has been called a "rootkit" as it's file hiding techniques are similar. This left Windows installations much less secure by providing an easy solution to virus writers who wanted to hide their files so they can avoid detection by anti-virus scanners.

"Sony has engaged in a technological cloak and dagger deceit against consumers by hiding secret files on their computers," said Greg Abbott, Texas attorney-general. The lawsuit seeks penalties of around $100,000 per violation under the Consumer Protection Against Computer Spyware Act, passed earlier this year. Sony BMG was also left with no choice but to recall almost 5 million CDs, a practise that will cost the company an estimated $4 million.

Source:
Telegraph


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Related articles:

  • Judge Grants Final Approval for Sony BMG CD Settlement (24 May 2006)
  • Sony BMG to re-evaluate CD protection (12 December 2005)
  • Another lawsuit filed against Sony (3 December 2005)
  • XCP CDs still on store shelves (30 November 2005)
  • Sony BMG was warned about XCP (29 November 2005)
  • Microsoft AntiSpyware to target XCP (15 November 2005)
  • Sony quits making XCP protected CDs (14 November 2005)
  • Sony BMG hit by lawsuits over XCP (10 November 2005)
  • Trojan takes advantage of Sony BMG DRM (10 November 2005)
  • Sony BMG's Thomas Hesse on the 'rootkit' DRM (10 November 2005)
  • Sony BMG criticised over XCP (3 November 2005)
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    Discuss this article!  There are more user comments available, read them here
    ireland (Inactive) 22 November 2005 2:24 Send private message to this user   
    In reality, it's Microsoft and Apple that we should really be angry with; two companies that are driving incompatible DRM technologies into the marketplace in a way that twists the royal (or should that be "royalty") screws into the world

    The Sony rootkit fiasco is the equivalent of that red light somewhere way down the line that some runaway train in the movies blew through. Somewhere in a control booth far away is someone flicking some indicator light with his finger. He knows something's wrong, but he's not ready to sound the alarms just yet. It's the squadron of Japanese Zeros heading for Pearl Harbor that the radar technicians mistook for a flock of birds. We are ignoring the warning signs even though they're right in front of our faces. We are heading for a situation that we are all going to dreadfully regret


    from thios story
    http://blogs.zdnet.com/BTL/?p=2177&tag=nl.e589
    keebles (Member) 22 November 2005 5:26 Send private message to this user   
    If sony wants to stop people from making copies, why don't they make the disc have a special player program that only reads/plays the disc when put in to a computer. When put in a CD Player it plays normal.
    That would solve their problem with out having to resolve to being a bunch of sneeks try to hide programs that cause problems.
    jaehomo (Member) 22 November 2005 6:50 Send private message to this user   
    Sorry Keebles, that's already been done. That didn't work either!

    A friend of mine purchased a copy of a Kosheen album a few years back and discovered that there was a PC only player program which would play the songs on your PC at a whopping 96KBps!!! Maybe that would have been acceptable for someone who uses the built in speakers on their monitor (even then, only just). But who gave them the right to choose what devices we use to enjoy our entertainment?

    To cut a long story short, I slung this CD into my SONY CD drive and used EAC to rip a nice clean 256KBps MP3 copy of all the tracks for maximum enjoyment on a high-end PC.

    So basically Sony have achieved only negative outcomes from their crusade to stop digital copyright infringement. Receiving heaps of bad publicity and ill feeling towards them from all sides and being completely inept at stopping rippers!
    catfreak (AfterDawn Addict) 22 November 2005 7:00 Send private message to this user   
    If you really want to put a bite on Sony .. Buy their products and then return them. This ends up costing even more than simply boycotting them .. you know, the added expense of having to refund consumer's their money

    Or .. you can always just purchase AnyDVD and prevent those clowns at Sony from infecting your PC the good old fashioned way .. outsmarting the machine
    ireland (Inactive) 22 November 2005 7:01 Send private message to this user   
    heres a way to but a bite on sony

    Gartner Says A Piece Of Opaque Tape Can Defeat Any CD DRM
    http://dvdxcopy.afterdawn.com/thread_view.cfm/260162
    TimKizzle (Member) 22 November 2005 9:53 Send private message to this user   
    Sony... please.... stop kicking yourself in the nuts. The problem with Sony as a company is very simple. They do not wish to respond to the needs and wants of the consumer. They believe that marketing research and business practices can ultimatly tell you what a consumer does and doesn't want. Therefore when it comes time to release products they TELL the customer what they are supposed to have. They are now paying for being arrogant. Look at the recent history of Sony's products, with many of them they are in a losing game.

    Ludikhris


    in responce, a similar thing is happening in another industry. Tivo is interested in releasing a way for people to transfer stuff from thier TiVo to thier ipod video

    Tivo didnt initially plan to charge, but later decided to to "teach consumers to pay for content"

    are consumers domestic animals in the view of Large companies?

    I sure think so
    ireland (Inactive) 22 November 2005 9:59 Send private message to this user   
    READ THIS
    TiVo to transfer shows to iPods, Sony PSP
    http://forums.afterdawn.com/thread_view.cfm/260610

    AND THIS
    Sony Launches A New Website For The PSP
    http://forums.afterdawn.com/thread_view.cfm/260608

    AND MORE
    I WOULD READ THIS POST IF YE LIVE IN THE USA..Lawsuits galore against Sony over rootkit; RIAA head doesn't get it
    http://forums.afterdawn.com/thread_view.cfm/260643
    Whisperer (Senior Member) 22 November 2005 12:07 Send private message to this user   
    Ireland,
    Interesting about the tape. Went to the link but didn't see a diagram of exactly:

    1. what size piece of tape,

    2. EXACTLY where to place the tape,

    3. what kind of tape (duct?),

    4. or the issue of unbalacing the disk spinning in the drive.

    Best regards,
    Your Friend,
    Whisperer
    ireland (Inactive) 22 November 2005 12:30 Send private message to this user   
    hi whisperer,
    this is what i get out of there post with the tape..

    Applying a piece of opaque tape to the outer edge of the disk renders the data track of the CD unreadable. A computer trying to play the CD will then skip to the music without accessing the bundled DRM technology.


    quote
    In response to Baba
    Look carefully on the data side of the disc, and you'll see there is a visible difference in the audio and data rings. You'll want to mark just outside the audio ring, covering the beginning of the data portion.
    dude845 (Senior Member) 22 November 2005 17:39 Send private message to this user   
    ha ha ha ha! got whats coming to them, hope other states/provinces sue them!
    nanu-nanu (Member) 22 November 2005 18:06 Send private message to this user   
    Damn its good to be a Texan.....

    Do not allow sony to get away with letting dl the mp3 make them give you a disk That is what you paid for, they are responsible for the damage they did.
    A_Klingon (Moderator) 22 November 2005 19:03 Send private message to this user   
    Hi Whisperer !!! (Are ye being "good"?) :-)

    Ireland:
    Quote:
    Gartner Says A Piece Of Opaque Tape Can Defeat Any CD DRM
    Putting sticky tape on a disc is never a good idea. Putting sticky tape on the DATA (underside) of the disc is an even WORSE idea. You're just asking for trouble.

    (However, I *can* see the logic in what 'Gartner' is saying.) By blocking off the damning software on the outer portion of the disc, you can render it unreadable, and thus -- un-installable.

    Instead, do this ..... just use a Sharpie red-felt marker to block off the outer ring of data. (I suggest the red colour because if you should inadvertantly mark off *too* much data (by cutting into the music data), you can always use ordinary rubbing alcohol to easily clear off the red ink, and then you can remark it again. Black ink is always 3 times as hard to get off.

    If after marking off the disc in red, you *still* get the stupid pop-up screen forcing you to agree to the "terms", then you know you haven't blocked-off enough data. DON'T SWEAT IT! Just say "no" to the 'agreement' and close it off. Take the disc out and scribble some more red ink on it.

    Eventually you'll knock out the stupid DRM.

    Boys-oh-boys, I wish most DRM viruses were that easy to stamp out!!!

    Wouldn't it make a *terrific* headline? :

    First4Internet's Latest DRM Initiative Foiled By A .49c Ink Marker!

    So much for "high technology, eh? :-)
    A_Klingon (Moderator) 22 November 2005 19:23 Send private message to this user   
    Quote:
    Damn, it's good to be a Texan.
    Yeah, I've really liked you guys ever since Stevie Ray Vaughan came along !!

    Did ye know that everyone's favourite actor also hails from Texas as well?


    Jamzbond (Senior Member) 22 November 2005 21:23 Send private message to this user   
    Finally Sony gets the message. I have been a loyal Sony client for years and I have always purchased their products despite the fact that I knew they were comparitively over-priced. But I digress. I know that this was launched by the music arm of Sony but do the math. It was intended to curb replication of their property which we all know is not only limited to music but has implications for DVDs, Game discs etc. I hate to be a conspiracy theorist but I believe that this was a pilot project which if it had been successful would have heralded a reign of terror on consumers from other large companies and most certainly the other arms of Sony Corp. What's next, video cameras in all cars so that you can't drive it unless you are the person who bought it. I know it sounds ridiculous and in fact the last comment is, but that's because I'm incensed by their draconian and clandestine action. Texas got it right. Stick it to them. Don't get me wrong, I'm not an advocate for piracy of proprietary material but this was certainly a violation of consumers rights.

    @A_K
    How's it going?. Haven't seem you in other forums for awhile. Good to know that I have company in my Sony BMG castigation. Cheers.

    See 1, Do 1, Teach 1
    I always reserve the right to be wrong
    Quote:
    If something doesn't kill you then you learn from it,....if it does kill you then I'll learn from it

    This message has been edited since posting. Last time this message was edited on 23 November 2005 4:41

    Whisperer (Senior Member) 23 November 2005 0:44 Send private message to this user   
    A_Klingon,
    Hey back at you. I like the sharpie idea ... if it works, anyone try it? What else would work? Don't like the possible balance issues with tape on a disk.

    I watched "The Shootist" this afternoon. John Wayne has a line in the movie that crystallizes how I am reacting to Sony's actions:

    John Bernard Books: "I won't be wronged. I won't be insulted. I won't be laid a-hand on. I don't do these things to other people, and I require the same from them."

    Then tonight I watched "Last Of The Mohicans"(1992). Madeleine Stowe has a line that clarified my present frame of mind about my once favorable feeings toward buying Sony products:

    Cora Munro: "Duncan, you are a man with a few admirable qualities, but taken as a whole, I was wrong to have thought so highly of you".

    Guess I've got Sony on my mind today!

    Best regards,
    Whisperer

    This message has been edited since posting. Last time this message was edited on 23 November 2005 0:51

    Reasons? (Inactive) 23 November 2005 14:46 Send private message to this user   
    Good luck with that dumbasses. Regardless of who is right and all the books, Sony could destroy America if it merely bruises it. At 100,000 a violation Sony will close shop people, and prices of every type of electronic device will soar.
    A_Klingon (Moderator) 24 November 2005 0:47 Send private message to this user   
    @Jamzbond:

    How's it going?

    To quote Homer Simpson's friend Ned Flanders, "Why, just Tikkety-Boobily, neighbour!"


    Haven't seen you in other forums for awhile.

    I don't get out much. And the Warden only gives us 1/2 hour on the Institute's computer every Wednesday after our exercise break.

    Good to know that I have company in my Sony/BMG castigation.

    Well, I don't hate them (yet), I just don't want Sony to forget any time soon what the consequences will be if they ever try to pull a stunt like this again.

    I daresay they've learned their lesson at this point. It's already cost them BIG TIME, both in terms of lost $$$ (still ongoing of course), and in terms of Public Backlash.

    I think they may have set back the introduction of Blu-Ray a good 6 months by this whole mess - and that in turn may just give HD-DVD the "push" it's been looking for. Woe be to Sony.

    Who knows?
    A_Klingon (Moderator) 24 November 2005 1:22 Send private message to this user   
    Howdy, Whisperer!
    Quote:
    A_Klingon,
    Hey back at you. I like the sharpie idea ... if it works, anyone try it?
    To tell you the truth, it might be fairly hard to get one's hands on one of these bum discs, now that they've all been recalled, and taken off the dealer's shelves.

    The discs have achieved a sort-of "cult status" at this point. I wouldn't mind having one just as a collector's item - a prime example of what the Industry almost stooped to.

    I can't for the life of me believe that Sony didn't fully know what was going on at First4Internet when they agreed to unleash these exquisite little monsters on an unsuspecting public.

    I watched "The Shootist" this afternoon.



    "I won't be wronged. I won't be insulted. I won't be laid a-hand on. I don't do these things to other people, and I require the same from them."

    Yeppir! I remember those words well. (I have that dvd as well.) A fine movie - his last, I believe. (1976) They don't make films like they used to Whisperer - a visit to your local Blockbuster's "New Release" section should quell any notions to the contrary.

    I wonder what The Duke would have done if he had one day found his computer covertly "phoning home" in the background, transferring his viewing/listening habits back to Sony? (That's exactly what XCP allows.)

    Yer messin' with the wrong fella there, Pilgrim! :)

    This message has been edited since posting. Last time this message was edited on 24 November 2005 1:26

    ireland (Inactive) 24 November 2005 3:27 Send private message to this user   


    WHISPERER KLINGON AND ALL HAPPY THANKSGIVING

    read this

    VERY,VERY,VERY HOT READ, SunnComm MediaMax may be as bad as XCP without rootkit
    http://forums.afterdawn.com/thread_view.cfm/261238


    quote
    Tired of being treated like a criminal? They depend on you, not the other way around. Don't buy their 'product'. Do bug your local political representatives. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you're into organizing, organize petitions, organize demonstrations and then turn up on your local political rep's doorstep, making sure you've contacted your local tv/radio station/newspaper in advance.

    This message has been edited since posting. Last time this message was edited on 24 November 2005 3:30

    duckNrun (Inactive) 24 November 2005 22:46 Send private message to this user   
    To those who say that it's only the music and Sony Electronics and PC Drives are 'innocent'.....

    may I remind you of a little piece of software called.... FIRMWARE

    Yeppers, next time you upgrade your firmware you just might be getting more than you bargained for. Next time you buy a Sony DVD/CD that has firmware you may be getting more than you bargained for....

    but then Sony wouldn't do this sort of thing right?? I mean just cause they would do it to your WHOLE PC via YOUR music cd surely doesn't mean that they wouldn't put software that doesn't need to be 'installed' into your pc into their hardware to protect their interests....

    naw....Sony wouldnt do that.....

    yeah right!
    Whisperer (Senior Member) 24 November 2005 23:10 Send private message to this user   
    Sony burners are OEM Lite-On.
    ireland (Inactive) 25 November 2005 5:49 Send private message to this user   
    I agree whisperere,Sony burners are OEM Lite-On. but with a big difference,with (sory (sorry) firmware installed..
    Reasons? (Inactive) 26 November 2005 18:16 Send private message to this user   
    My Sony drive has never been the source of a problem. Sony has always been known for making solid products. My PSP, PS2, Computer Accessories, External Drive, USB Key, 40" 1080i WEGA TV, and alot of other Sony stuff I can't remeber about have NEVER failed, ever, even past models that I've sold and replaced.

    Come to think of it, Almost anything of significant importance/value that has a power cord in my house has Sony written all over it. They have a huge rep as far as I'm concerned.

    I've found tons of problems with much of my stuff not Sony, like all my Denon stuff blows, especially my 5 dics DVD player, SOB, the thing stopped reading discs that had any tiny imperfection 1 week after warrenty went out. It felt planned. My Ipod has crashed a few times and you always have to do a hard reset, I want my previous Sony MP3 player back.

    I've never thought of this before and you guys reminded me of just how solid the brand is, I am completely surrounded by SOny products right now, that have never failed, and never will. I think it's time to Best Buy and see what's new from Sony for the Holidays :)

    Did anyone else here get a xbox 360? I scored two premium packages at Best Buy, you just have to have someone stand with you and you can buy it for them and take it.

    Formerly "cmmnsense", banned for lack of restraint.

    Fanboy is a term used to describe someone who is utterly devoted to a single subject. This generally is followed by the devotion and support even when proved wrong.

    Anecdotal, by my definition, it's the way too many people here think. It's also all the evidence you have.

    duckNrun (Inactive) 27 November 2005 1:54 Send private message to this user   
    so here's a question....

    my wife's bank account is tied to mine. At the end of the month, after she pays her bills, the left over money is often used to help pay for my interests/hobbies whatever.

    Now.... I've just fcuked you over by selling you a product without telling you and that you didnt know would increase your risk of having your computer not work right and possibly even gain access to your personal data and money. When you complained I told you to bugger off that your making a mountain out of a molehill. Finally I offer to fix the problem but only after you jump through hoops and give me even more personal information... only to possibly even still make matters worse and make you more vulnerable than before.

    The good news is: You love my wife's cookies and brownies. Do you still buy from HER knowing that the money is going to come back to me from our business accounts and ultimately with her and me both really being the 'same company'.... that the money you give her is probably going to end up helping me to fcuk you over again???

    If you answer yes... then buy Sony, feed the electronics division, boost their profits and when the money filters back over to the CD/DVD/Software side to fund projects that are going to make using the electronics you bought the way you want to even harder (via DRM in the music, spyware in your pc, CD players that may or may not work with CD's, etc, and maybe a future crippling of firmware that will require NO acceptance of a EULA but will sit making sure that you do not violate their CP etc etc)

    If you dont want to support this kind of behavior... then don't

    The choice is up to the consumer.

    If Sony only hears people crying about Sony's actions and doesnt see these complaints translate to loss of income then they really have no incentive to change the way they deal with and treat their consumers. In the end the bottom line is the bottom line.

    Perfect example: Why do fast food restaurants sell crappy food and cold fries? Because they know people will STILL come back regardless. Therefore they have no reason to change until they have to... and the only time they have to is when their profits drop!

    This message has been edited since posting. Last time this message was edited on 27 November 2005 1:58

    ireland (Inactive) 27 November 2005 5:50 Send private message to this user   
    more info

    DRM boycotts hurt Sony's music sales - musicians frustrated


    Posted by Dan Bell on 27 November 2005 - 15:07 - Source: BusinessWeek Online


    look at Amazon Website


    It's easy to get upset when we are following the news and learn of dirty tricks played by big companies. Sometimes we are even motivated to write comments or warnings to the companies responsible or make angry statements online. Often, people will even pledge to boycott these companies and their products, in order to show they are displeased. Recently, with the astonishing discovery of the infamous rootkit fiasco and then with news of the questionable MediaMax software practices published soon after, we saw many such comments about the 'Net. But, do people really mean what they say, can they walk the walk? Can MediaMax protection or First4Internet DRM measures upset folks so much, to actually make them follow through on their threats? Well, according to recent music sales figures given for the embattled Sony music division, you had just better believe it!

    GROWING OUTRAGE. Overnight, Get Right with the Man dropped to No. 1,392 on Amazon's music rankings. By Nov. 22 -- after the news made headlines and Sony was deep into damage control, pulling some 4.7 million copy-protected disks from the market -- Get Right with the Man was even further from Amazon's Top 40, plummeting to No. 25,802.

    The wrath of fans killed Sony's CD copy controls, with the company pulling 52 titles off retail shelves, beginning the week of Nov. 14. But the wrath of bands could be far worse for the company -- and for efforts to protect content in general.

    Singers and songwriters are increasingly expressing frustration at devices used by record companies to protect digital content from widespread theft that results when CDs are copied repeatedly or popular tracks are given away on peer-to-peer (P2P) networks, such as LimeWire and BitTorrent. Sony's misstep has been bad for the company -- and its effects could spread much further, should the consumer outcry gain traction with the recording artists who need to keep their fans happy if they want to sell records.

    It's easy to see why this would happen if one pays a visit to the Amazon Website does a search for "Get Right With the Man" which is also emblazoned with the stern warning: [CONTENT/COPY-PROTECTED CD] [DUALDISC]. If that does not scare one off, then take a second to read the user reviews below! It's not a pretty sight and a PR nightmare for Sony. If you think the readers are upset, can you imagine how the artist feels?

    Oddly, we keep hearing how all these "DRM solutions" are put in place to protect the musicians. All we see in the press are reports of how P2P and movie ripping is devastating the industry. Every day we read that content creators are about ready to throw their hands up thanks to piracy and get jobs at MacDonald's. So it's surprising to hear suddenly, that not only are the customers fed up with being treated like criminals and purchasing hobbled or rootkitted music, even the musicians themselves are have had a belly full and getting quite vocal about it too!

    Can the music industry gamble on decreasing sales figures turning around without a shift in the current paradigm? From what we can see, at least in this reputable BusinessWeek report, they've got a problem on their hands! It's called no customers. However, If they think it's lonely now, wait till funds dry up and even their staff of fancy lawyers takes the next gas guzzling limo out of town! No worries though, but just remember the old Rolling Stones lyric: "Time is on our side, Yes it is!"
    http://www.cdfreaks.com/news/12738

    This message has been edited since posting. Last time this message was edited on 27 November 2005 5:52

    Reasons? (Inactive) 27 November 2005 11:58 Send private message to this user   
    And the funny thing is, is that Sony doesn't care and will recover.

    Formerly "cmmnsense", banned for lack of restraint.

    Fanboy is a term used to describe someone who is utterly devoted to a single subject. This generally is followed by the devotion and support even when proved wrong.

    Anecdotal, by my definition, it's the way too many people here think. It's also all the evidence you have.

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