p2pnet - rss feed: You think Sony’s DRM is bad?
p2p news / p2pnet: Continuing the Sony BMG DRMS (Digital Restriction Management Spyware) saga, here’s the EFF’s (Electronic Frontier Foundation) Fred von Lohmann on the EULA.
Under it, among other - many other - things, Sony-BMG can install and use backdoors to "enforce" its "rights" at any time and without any notice >>>>>>>>>>>>>>>>>>>>>>>>
Now the Legalese Rootkit: Sony-BMG’s EULA
By Fred von Lohmann - Deep Links
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:
1. 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.
2. 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."
3. 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.
4. 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.
5. 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.
6. 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.
7. If you file for bankruptcy, you have to delete all the music on your computer. Seriously.
8. You have no right to transfer the music on your computer, even along with the original CD.
9. 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.
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[The pic on the upper right is another catflap special ;]
First they ignore you, then they laugh at you, then they fight you, then you win
- Mohandas Gandhi
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.
See:-
Sony BMG DRMS - Sony DRM goes on MS spyware list, November 13, 2005
November 13th, 2005 at 5:55 pm
Maybe this is a stupid question, but if you don’t play the original CD on your computer you never see the EULA, correct ? So then how do you know if you are violating it ? Plus you’ve never had the opportunity to even read it, much less agree to it.
I mean if you for instance make mix tape straight from a normal CD player and never put it in your computer have you done anything illegal ? You’ve never seen the EULA, so how would you know if you had violated it ?
After this latest I’ve sworn off Sony anyway. I’m just curious.
November 13th, 2005 at 6:23 pm
Thats just rediculious!
I hate EULA’s to begin with… never listen to them, myself. XD
But… for one you dont have to play that CD on your computer… and 2… I think I could break almost all of those ‘rules’ in just a day, with out breaking a sweat… =P
November 13th, 2005 at 6:36 pm
Now is the time for Indie Labels to stand up tall. We sell digital downloads via iTunes and other licencees that are consumer friendly. We sell CDs by mail order. And you can buy MP3’s off our site. NO DRM. We trust the consumer to do the right thing. Problem is people only want music for free. Samples are downloaded like crazy. No-one buys MP3s of bands they don’t know. If the public wants music, and is not willing to pay for it, there is a challenge. Solution: let the government write a check to labels for each song downloaded / CD ordered - to support the arts? Something has to happen to make it all work.
November 13th, 2005 at 7:36 pm
I, for one, buy music that I like… usually after I’ve heard a song to decide that I like it enough to buy it. I do not, however, support paying an “art support” fee to get music. Art should stand on its own merits… it should not need to be bolstered by involuntary contributions.
November 13th, 2005 at 7:51 pm
No. The EULA makes an attempt to make your purchase price a license fee. In return, they pretend that you agree not to do anything proscribed by the EULA, no matter the technology.
November 13th, 2005 at 7:55 pm
The question should not be whether Sony’s DRM is bad or not. The question is whether we the consumers are mad enough to do something about it. If not, Sony has no need to change their ways. As for me, I had a Sony widescreen television put on layaway for Christmas. I just went back and changed my order to a Samsung television instead. If you’re mad, do something about it.
November 13th, 2005 at 7:56 pm
The spyware that Sony installs on the computers of music fans does not even seem to be correct in terms of copyright law.
It turns out that the rootkit contains pieces of code that are identical to LAME, an open source mp3-encoder, and thereby breach the license.
http://dewinter.com/modules.php?name=News&file=article&sid=215.
November 13th, 2005 at 8:03 pm
I’ll follow this up tomorrow.
Cheers! And thanks for the url …
November 13th, 2005 at 8:04 pm
Just another reason to avoid actually BUYING CD’s, at least CD’s from the BigMusic cartels.
A audiophile friend of mine, who is fairly computer illiterate, said he was having trouble playing some new CD’s on his expensive equipment - but they all played just fine on his cheap players (kids walkman, car, kitchen clock radio, etc.) It’s just the copy protection. Most of his new CD’s WON’T play on his top of the line machine. What a fine thing to do to your customers. Anyway, I just went to Kazaa and downloaded copies of all the music on his new CD’s and burnt him some nice “clean” versions. They all play fine now.
Of course those of us who quit buying CD’s long ago never noticed this Sony rootkit problem…
November 13th, 2005 at 8:41 pm
http://www.sysinternals.com/blog/sony-eula.htm
November 13th, 2005 at 9:16 pm
But if you have NEVER seen the EULA, how are you supposed to know what is proscribed ? Man, this stuff is getting really whacked…
November 13th, 2005 at 9:20 pm
Seems to me that it’s simply illegal to buy sony CD’s. Okay, I’ll go for that, and I’ll never buy any other piece of sony crap.
November 13th, 2005 at 9:33 pm
so you’re saying we have to use our tax dollars to pay for people who don’t want to pay for music themselves? So our tax dollars pay for those who don’t want to pay for the music themselves?
[sarcasm]
niiiiiiiiiiiiiiiiice solution dude
[/sarcasm]
November 13th, 2005 at 9:36 pm
Well at least with Kazaa there;s just a risk of spyware
with sony stuff we KNOW there’s gnna be spyware
November 13th, 2005 at 10:08 pm
This just gets better and better. Now, the activex you have to install to APPLY for the uninstall (not the uninstaller itself) is believed to be full of security holes:
http://hack.fi/~muzzy/sony-drm/
In fact if you have been to the sony website and installed the activex component, the following link will reboot your computer:
http://hack.fi/~muzzy/sony-drm/reboot.html
November 13th, 2005 at 10:09 pm
WHY ARE PEOPLE STILL BUYING THEIR PRODUCT
TELL EVERYONE YOU KNOW TO STOP BUYING SONY PRODUCTS.. STOP SUPPORTING TERRORISM.
YOU THINK THIS IS A JOKE BUT IF EVERYONE WHO VISITS THIS SITE TELLS ONE PERSON, THATS HUGE LOSSES FOR SONY. WE CAN WIN THIS
November 13th, 2005 at 10:17 pm
More spyware
http://www.freedom-to-tinker.com/?p=925
November 13th, 2005 at 11:08 pm
Sony is just one of them. there are 3 more
November 13th, 2005 at 11:19 pm
— there are 3 more—
Not for long, maybe ; )
“Rumours that the Organized Music family, EMI Group, Vivendi Universal, Warner Music and last, but by no means least, Sony BMG, are about to excrete Sony BMG from the ranks, could well be true.” http://p2pnet.net/story/6960
If only. heh
Cheers!
November 14th, 2005 at 12:04 am
As of today, I have imposed a ban on Sony. I will NEVER buy anything that is SONY. Yes, not just CDs but everything that Sony makes. Why should I buy anything from anyone if I do not get to own it and do whatever I like with it? It is time that Sony be punished for trying to be too smart and over-protective of its music, etc. Sony and such companies must realize that they cannot hold consumers like me captive. Sadly, they have forgotten or blatantly ignored the very sacred principle of good business and management that the late management guru Peter F. Drucker enthusiastically proclaimed: The CUSTOMER COMES FIRST and not the other way round.
November 14th, 2005 at 12:49 am
First4Internet’s other clients — which include Universal Music Group, Warner Music Group and EMI — are using XCP for prerelease material.
http://www.wired.com/news/digiwood/0,1412,67696,00.html
November 14th, 2005 at 1:45 am
If you never see it, you never agree to it so have fun with the CD.
November 14th, 2005 at 9:52 am
Just crazy, but…..
New Sony Digital Camera Installs Rootkit to Stop Photo Sharing
Many consumers are complaining about Sony’s new Cybershot DSCP515 camera that installs digital rights management (DRM) software on the person’s computer so they are unable to share their digital pictures with anyone.
The DRM is similar to the one which Sony recently came under fire for on its music CDs. That software installed rootkits on consumer’s computers making them vulnerable to cyberattacks.
“Picture sharing flies under the radar when it comes to piracy,” said Wilkerson. “People know about the dangers of music and movie piracy, but not about the dangers of sharing personal photos. What happens if a person takes a picture of Mariah Carey’s latest CD? Think of the children.”
The system which also makes it difficult to print out pictures has prompted complaints from consumers. “I tried to send a picture of my daughter to her Uncle Tim, but this window popped up saying it was blocked. I decided to print it out and mail it to him. There was a 14-page license agreement that printed out first that I had to fill out and fax to Sony so they could send me an authorization code to print out the picture.”
November 14th, 2005 at 5:03 pm
I know a 100% legal trick not to get locked by this EULA :
Never buy a SONY BMG record !
You think their EULA sucks ?
Make them know by hitting them where it hurts : Don’t buy their products (that’s - atleast for now - still legal).
November 14th, 2005 at 5:08 pm
The answer is simple : This element makes the product non competitive on the market : Simply let the laws of the market apply to this by not buying this item. Boycott is still legal. Use it !