13 replies to this topic

[Neon]

Sony BMG is rethinking its anti-piracy policy following weeks of criticism over the copy protection used on CDs.

The head of Sony BMG's global digital business, Thomas Hesse, told the BBC that the company was "re-evaluating" its current methods.

It follows widespread condemnation of the way anti-piracy software on some Sony CDs installs itself on computers.

The admission came as Sony faced more censure over the security failings of one of its copy protection programs.

Bad publicity

The row began in November when software developer Mark Russinovich discovered that Sony BMG's XCP anti-piracy programs used virus-like techniques to hide itself on a PC.

So we all wonder how this went in the end eh?

The row ended with Sony recalling all the CDs that use XCP and offering to swap customers' existing discs for ones that do not use the much-criticised software.

Speaking to the BBC News website, Thomas Hesse, president of Sony BMG's global digital business, said all the bad publicity had made it think hard about its approach to stopping people making illegal copies.

"The key point to remember is that copyright infringement is a huge issue for the recording industry as a whole and that's where we came from originally," he said.

"But this whole story has led us to look at the approach we have to take going forward," Mr Hesse said.

The furore about the XCP software had lead Sony BMG to "diligently re-evaluate" how it protects music on CDs.

He said it was too early to say where Sony was in the evaluation process or what might result, but he said the company was taking the re-examination very seriously.

Even though sony released a patch, the patch could have let malicious hackers hijack the programs to gain control of a PC. The new program issued by Sony BMG on 8 December closes the hole in the patch.

Bit of a mess then!

[ShadowFox]

LOL I can't believe they ACTUALLY thought it'd keep people from not burning cds... it would have only been a few more months before someone cracked it, sure the root kit may have had to stay in it's place on the computer, but I bet someone woudl find a way to get the files from that cd... it's just a program, programs have flaws and people exploit them, it wouldn't have been such a big deal if it weren't for teh fact hackers figured out how to hide stuff in the root kit, otherwise, Sony would still be producing, I think we owe the hackers a great deal here, we still get our "free" cds, and our computers stay safe from those cds that we DO buy

[RedInferno]

LOL, I'm glad that's all resolved now.

[Neon]

See here they give the idea they are revising their strategy, so maybe they'll use some other stupid method

[ShadowFox]

heh... and when that back fires, sony will be *&#$ed... I doubt even a SERIOUSLY loyal customer, other than japanese because it's like a home root to them, will be able to look past the fact the Sony's just ruining our music listening experience.

[Neon]

Sony used to run Entertainment, i seriously think they are ruining it for themselves!

[ShadowFox]

hmmm entertainment. I was looking at some good stuff last night, Monster cable WOW THAT'S EXPENSIVE, but when I can get a good discount on it, I'ma redo my entire home and car audio system in monster audio cable will be nice.

I have an old sony CD player, the only problem I have had out of it is the batteries die in the remote and the rubberbands are so old they break sometimes (those little rubber bands for hair ties work well as replacements ) it's almost as old as I am and it's amazing... oto bad sony did this, they REALLY had something going for them, then STRAIGHT to the bottom

[RedInferno]

@ kw13.... Well, at least they are not too dumb to realize their mistake.

Edited by RedInferno, 14 December 2005 - 07:10 PM.

[tnctx02]

Texas is sueing them over this. Will keep an eye on the lawsuit!!

[Neon]

Ah, well keep us posted, i would like to know!

[ShadowFox]

I have to say Sony's going to get PWNED on this one!

[RedInferno]

LOL...that would be nice to see... and also AOL's downfall

[tnctx02]

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.

Attorney General Greg Abbott filed the original lawsuit in November, accusing the company of violating state anti-spyware laws by embedding software in its CDs and media player to monitor users' habits. 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.

"We keep discovering additional methods Sony used to deceive Texas consumers who thought they were simply buying music," Abbott said in a statement. The original lawsuit contends that Sony BMG secretly installed copy-protection software, using XCP programs, that was extremely difficult to remove from users' computers.

[tnctx02]

Lawyers in a class action lawsuit filed against Sony BMG, First 4 Internet and SunnComm last month have submitted a preliminary settlement, which calls for Sony to stop manufacturing CDs with XCP and MediaMax DRM, provide replacement discs, and make cash payments to affected customers.

Lawsuits were filed on November 14 in New York and other states by Girard Gibs and Kamber & Associates, and class action status was granted December 1. The cases claimed that Sony's digital rights management, which attempts to stop computer users from copying a CD's audio tracks to a hard drive, is invasive and damaging to computer systems.

Sony employed technology from First 4 Internet (F4I) that uses a "rootkit" to hide the DRM and prevent its removal. Shortly thereafter, it was discovered that Sony's other copy protection software, SunnComm MediaMax, also poses a security risk and installs without a user's permission.

The two sides met in early December and began "virtual round-the-clock" negotiations about reaching an agreeable settlement. According to the settlement filing viewed by BetaNews, the goal was to provide prompt relief to affected customers and "limit the risk that these consumers' computers would be vulnerable to malicious software."

The settlement terms include all customers who "came into possession of or otherwise used" at least one CD with MediaMax or XCP software on it since August 1, 2003. Sony BMG resellers and distributors are not included, nor are former and current employees of the company.

Sony will continue its exchange program to replace XCP affected CDs with "clean" DRM-free copies and enable customers to download MP3 versions from its Web site. In addition, the company will offer a choice of two incentive packages to ensure XCP CDs are removed from the market.

"Incentive #1" will provide customers with a cash payment of $7.50 and a free download of one album from a list of more than 200 titles. "Incentive #2" removes the cash payment but allows for downloads of three albums.

The downloads will be handled using a promotion code with three major music download services, of which one will be Apple's iTunes. Promotion codes will be valid for six months. Owners of MediaMax CDs, meanwhile, will be offered MP3 versions of the music and one free album download.

In order to be eligible, an individual must return the XCP laden CD to Sony, or provide the company with a receipt showing the return or exchange of the CD at a retailer after November 14. A claim form will be required, as will verification that XCP was uninstalled or updated.

As part of the settlement Sony will continue to issue the XCP Update software, which removes the rootkit cloaking mechanism, and make available a full uninstaller. An update to correct the MediaMax vulnerability will also be issued, and Sony has agreed to work with security professionals to ensure the software is free of known vulnerabilities.

In addition, the three defendants have agreed not to use the data collected from MediaMax and XCP, and will no longer collect personal information from any copy protected CD without a user's express consent. An independent third party will be hired to verify this requirement for 2006 and 2007, and the results will be posted on Sony's Web site.

The defendants will also waive certain provisions of the XCP and MediaMax license agreements, including the restricted use of audio files and requirement that the DRM be updated.

Until 2008, Sony has agreed not to manufacture or distribute CDs with the XCP software, and will no longer manufacture MediaMax 3.0 or MediaMax 5.0 CDs. Unlike albums with XCP, MediaMax CDs currently in circulation will not be recalled.

If Sony decides to ship CDs with new copy protection software before 2008, it must ensure the DRM will not be installed without proper consent, make an uninstaller readily available to customers, and ensure it will not create known security vulnerabilities.

The company has additionally agreed to collect only limited information, such as IP address and data on the CD itself, and will include "a written disclosure in plain English that the CD contains content protection software and a brief description of the software."

If approved, the class will be notified of the settlement terms through e-mail and advertising, and a hearing will be scheduled for a final approval. The current terms do not include an award of attorneys' fees and reimbursement of costs, which could be in the millions.

As class members will release Sony BMG, F4I and SunnComm of all claims by agreeing to the settlement, they may opt out. If more than 1,000 individuals decide to opt out, Sony could withdraw from the settlement. F4I and SunnComm may also choose to be excluded before January 16, 2006, which would leave the companies open to individual lawsuits.