Sony BMG Hits Rootkit Providers With Lawsuit
from the misapportioned-blame dept
Sony BMG settled both the class-action lawsuit against it and with the FTC, after it distributed rootkits that opened up security holes on consumers' PCs in the copy protection it used on its CDs. Now the company's filed a suit of its own against Amergence, formerly known as SunnComm, and its MediaMax unit, which supplied one of the pieces of copy-protection software in question. The lawsuit alleges Amergence/SunnComm supplied Sony BMG with faulty software -- which, all things considered, seems true. But the bigger issue here is that Sony BMG is implying that none of this mess is its fault, when it's the one that felt the need to implement the DRM in the first place. As we've pointed out plenty of times, DRM doesn't stop piracy, it just annoys legitimate customers. The SunnComm and XCP copy-protection that Sony BMG implemented on its CDs didn't stop piracy, and it wouldn't have, even if it hadn't been "faulty", as the suit alleges. It created a huge PR mess for the company, and it's cost them a fair bit of money to clean things up. Getting $12 million from Amergence won't change the fact that deciding to put the DRM on its CDs was a bonehead move that never would have delivered any real benefits.
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Really, I think they're just trying to get money where ever they can, just like any other corporate entity. That doesn't change the fact they're A-holes, but it's actually one of the more legitimate suits out there.
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Re:
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Passing the buck.
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Maybe a win-win
If MediaMax actually warranted the software met legal standards, Sony may have case. Since it installed even if the user clicked "no", it could be shown to be defective.
Of course, I agree with Bill in post #2 -- Sony never gets any more of my money.
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if you're going to post...
Sheesh...
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Re: if you're going to post...
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And yes, I'm with you - I just recently bought a bookshelf Stereo - it wasn't a Sony.
I need a new TV for my living room - guess what it won't be?
lol
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ROFL
I love that. You forgot to capitalize the first letter of your sentence.
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Re:
:-P
Nobody's perfect, guys, so let's all just shake hands and agree not to buy Sony products, mkay?
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Yeah right...
Now I know in this day and age of legal departments running comapnaies that there is no way Sony did not have some sort of contract with the makers of that rootkit. And I don't care who you are if you are going to agree to distribute someone else's product you are going to go over it with a fine tooth comb. They wanted DRM (or as they say copyright protection) on their CDs but didn't test it to see exactly how the "protection" worked. For Sony BMG to claim they are the victims of bad software is childish and I really wish there was a way for both sides to lose big time in this. I wonder if they will come up with a number of "lost sales" from all the people that have sworn off Sony BMG music and artists and add that to the lawsuit.
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my first sentence...
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I Like This
copyprotection companies may now be scared (of lawsuits if they win) and will move to other areas of codeing.
and who would want to sell copyprotection software to sony now that they know that if there's any bug / problem that sony will sue them.
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Sony blows
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Say what??
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Sounds fair
In this case Sony bought a copy protection scheme knowing that, well, it stopped people from copying the CDs. I highly doubt the protection company explained in detail what exactly it did in technical details. Imagine explaining rootkits to whoever makes the buying decisions at Sony BMG.
Also, I don't see how people can use something Sony BMG did as a reason to hate the company as a whole. It's a small subsection of a much larger company, without much connection to the rest of it. For the most part they are completely different entities, just the same ownership. You would not see people boycotting GE appliances as junk because they think NBC said some stupid stuff. (Yes, GE owns NBC)
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Re: Sounds fair
I can't stand when people say they'll boycott all sony products just because of Sony BMG. it's an ignorant statement. Sony itself may have had no real clue of what was going on at Sony BMG. In fact, I'd bet that they didn't. I know if I bought a bunch of worldwide corporations, I wouldn't want to know every little thing they do or have to approve everything they did. Thats why they are separate companies and not one huge company. Its so they are somewhat autonomous and can run themselves more efficiently.
Remember, blame Sony BMG, not Sony. if you don't want their TVs for some other unrelated reason, then fine, but the rootkit shouldn't influence your decision in any way, shape, or form.
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Re: Re: Sounds fair
The unethical behavior also has appeared in the hardware side, lack of support, denial of problems, predatory pricing, and coercion against game vendors to name only the ones I have found.
When SOny senior management begins to understand that ethical behavior will be rewarded financially, and unethical behavior will be punished financially, they may change. Until I see strong evidence of such change, NOTHING from any Sony subsidiary will be on my 'buy' list.
Also, your statement that you wouldn't want to know every little thing about corporations under your control is a truly frightening concept. This is the ENRON defense all over again.
It is absolutely SOny Corp's job to know everthing going on, especially as it pertains to security.
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Re: Re: Re: Sounds fair
Now I'm not saying that Sony (the absolute top) should have had the clairvoyence to know that Sony BMG (the music sector) was about to make a mistake on this DRM scheme but to claim no responsibility is borderlin negligent.
Why is that it is so hard to keep up with what parent company owns what smaller companies these days? So that the parent company can reap secretly reap the benefits from said smaller company while having remaining separated just enough so that they can play the "I don't know" card when things go sour.
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Re: Re: Re: Sounds fair
Do you think the president knows about every single law in every single state? do you think he even knows every single law in the federal books? no, he doesn't. he has judges for that.
You assign different people different project tasks. You get updates from them, but any time they need to make a decision, they don't have to ask you. They can make decisions on their own. That way, you don't have to micromanage the entire conglomerate.
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-Winston Churchill (I think.)-
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Here is the correct version by good ol' WC
"Ending a sentence with a preposition is something up with which I will not put."
Although I think my misrepresentation is a little more apt on this occasion.
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Support your grammer Nazies
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but when u buy a product labeled Sony you expect the quality standards of Sony there fore they are responsible and if there product sucks or worse messes up ur equipment then they should "pay" for there mistakes.
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Sony / MM
Then MM got the contract to supply the DRM to Sony.
Curious, no?
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:-P
Nobody's perfect, guys, so let's all just shake hands and agree not to buy Sony products, mkay?
Yes - people who 'police' perfection in writing, because - typically, they can't argue the matter at hand are annoying indeed.
But to add - the wife was talking about getting a digital Cam Corder yesterday. I told her I wouldn't buy Sony - who knows what's in the firmware. Still, it's principle. But I did notice they are VERY competitive on price now. I suspect they have to be to sell much.
Doesn't matter, though, I figure you get what you pay for anyway.
*please feel free to correct vareous missspellingz and other airors in grammtikal compositzion.*
lol
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Back On Topic, Unintended Consequences?
Lee me see if I have this straight.
Company A buys DRM from B.
It doesn't work, It pisses off customers etc...
A -- SUES -- B
If A wins, where does that leave B's business model?
In light of the fact that that DRM cannot work. Ever.
Will any Company A be stupid enough to buy DRM with an "If it doesn't work, too bad for you" clause in it's license agreement? These Agreements aren't shrinkwrap, this is custom made stuff that cost a ton of money.
Will any company B DARE to "create" DRM & sell it? Knowing in advance that they will loose?
Wow, Or perhaps I should say Shhhh.
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Great!
Oh, and the person who says they don't understand the idea of 'a boycott' - the only vote anyone has is where they spend their money. Sony corp has paid lobbyists for laws like the DMCA - so it looks like Sony has 'the back' of the entertainment units.
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