Sony sued over copy-protection

[primushead]

So...for all of you mad at the copy-protection shit, you have good reason.

http://pitchforkmedia.com/news/05-11/11.shtml#sony

Jonah Flicker and Amy Phillips report:
In the slow and perhaps inevitable movement towards microchip implantation of the entire human race, Sony BMG Music just took the lead. According to the Washington Post, a class action lawsuit filed in Los Angeles Superior Court November 1 alleges that the label's anti-piracy software, installed in several recently released CDs, is harmful to computers.

The suit claims that when a copy-protected CD is loaded onto a hard drive, it installs a hidden program known as a "rootkit," which not only keeps track of the computer's activity, but depletes the drive's resources in the process. So Sony is basically eating up your hard drive space while keeping track of all the porn you watch, just because you actually spent money on a My Morning Jacket CD.

Thanks, guys. This is even better than getting the RIAA to sue us.

The rootkit also makes the computer more susceptible to viruses. Sony falsely states that its copy-protection software can be easily removed, when in reality, getting rid of a rootkit can be damaging.

Here's the crux of the suit, straight from the legal papers: "As a result of Sony's failure to disclose the true nature of the digital rights management ('DRM') system it uses on its CDs, thousands of computer users have unknowingly infected their computers, and the computers of others, with this surreptitious rootkit. This rootkit has been responsible for conflicts within computer systems, crashes of systems, and other damage."

The suit, which accuses Sony of "fraud, false advertising, trespass, and violation of state and federal statues prohibiting malware, and unauthorized computer tampering," claims that the suspect software has been included on certain Sony BMG Music CDs since this spring. Albums to watch out for include Amerie's Touch, My Morning Jacket's Z Kasabian's Kasabian, Neil Diamond's 12 Songs, Cassidy's I'm a Hustla, Kings of Leon's Aha Shake Heartbreak, and, appropriately, the Bad Plus' Suspicious Activity and the Coral's Invisible Invasion, among others.

In short: if you're about to load that new My Morning Jacket disc onto your hard drive, STOP. Sell the album back to the record store and buy something on Dischord.

[primushead]

Come to think of it, my computer has been a little bit slower since I put Z on...

[October]

just found out about this atrocity today and it seems to be pretty bad.  i read the initial blogpost of the dude who found out about this stuff.

it seems like A) there is no real way to get rid of it yet and B) it can mess your shit up pretty bad if you use the Sony issued uninstaller

i was trying to figure out how to determine if your system has it and i found this

"My advice to ALL people who are responsible for any computer, would be to check if this "rootkit" is installed on the systems you are responsible for. This can be done by right clicking on your desktop, selecting New from the menu, selecting Folder from the submenu and naming the folder $sys$test

If the folder disappears, your system is compromised with the Sony DRM software and you would be advised to seek the assistance of a professional Microsoft Windows technician. I would NOT advise anyone to install the Patch offered by Sony due to the fact that it could cause your computer to crash."

can anybody determine whether or not that is valid?  does anybody type in that folder name and have their folder vanish?

[peanut butter puddin surprise]

It's a bit more touchy than that with the rootkits.  Turns out I don't have the rootkit installed, but evidence of it is all over my computer.  Search your windows registries for anything "DRM" and you'll know what I mean....

[EC]

My folder doesn't disappear, but I definitely let that thing install when I put it on the computer way back when.

Ah crap, I even played it at my new job the other day.  That was on mac, though.  Macs are safe, right?  I shouldn't worry about telling these guys that I've fucked the entire network?  They rely on computers for their art...  

John, I don't understand what you just said.  Could you explain it in a way that I could?  :)

[art]

so, reasonably speaking, what do we do here?

is there a failsafe way to make sure the rootkit is or is not installed on your machine?

[tdan]

http://news.ft.com/cms/s/018223e4-52f0-11da-8d05-0000779e2340.html

Sony BMG suspends copy-protection software
>By Paul Taylor in New York
>Published: November 11 2005 20:31 | Last updated: November 11 2005 20:31
>>
Sony BMG, the joint venture record label, was on Friday forced into an embarrassing climbdown over its use of copy-protection technology on music CDs that exposed some PC users to hackers.

The company said it would "temporarily suspend" use of the controversial software and apologised to PC users for "possible inconvenience" it may have caused.

The turnaround came after several PC security firms identified a "Trojan" e-mail virus designed to exploit software that some of Sony BMG's music CDs install on their owners' computers when played.

The copy protection software dubbed "XCP" developed by UK-based First4Internet, limits the number of copies that can be made from the original CD. It is designed to deter "casual piracy" - typically, friends copying each other's music CDs.

Sony BMG, whose recording stars include Celine Dion, Mariah Carey and Destiny's Child, is believed to have installed XCP on millions of CDs since it began using the software earlier this year.

On Friday, Sony BMG, which faces a number of lawsuits in the US related to the use of the software, acknowledged for the first time that it could render PC users vulnerable to attack.

"We are aware that a computer virus is circulating that may affect computers with XCP content protection software," the company said, adding that the software has been included on a limited number of Sony BMG titles, but emphasising, "This potential problem has no effect on the use of these discs in conventional, non-computer-based, CD and DVD players."

In response to the virus attacks, the company said it had provided a software "patch" to all major anti-virus companies and to the general public. The patch protects PC users against the virus, identified by Kaspersky, the Russian PC security firm and by UK-based Sophos.

"We deeply regret any possible inconvenience this may cause," Sony BMG said, adding that it stood by its content-protection technology as "an important tool to protect our intellectual property rights and those of our artists". The company said: "Nonetheless, as a precautionary measure, Sony BMG is temporarily suspending the manufacture of CDs containing XCP technology. We also intend to re-examine all aspects of our content protection initiative to be sure that it continues to meet our goals of security and ease of consumer use."

Sony BMG has still not identified which of its music CDs contain the software. Earlier this week, however, the Electronic Frontier Foundation, a US-based consumer advocacy group, identified at least 19 Sony BMG music CDs that the group claims install the software when played on a PC.

Critics, including the EFF, claim the software also slows down PCs and makes them more susceptible to crashes and third-party attacks. "Since the program is designed to hide itself, users may have trouble diagnosing the problem," the EFF said.

[dragonboy]

I was surprised to see the low grade (3.5 I think) that Z has on amazon.com but when you read the reviews all the people that have given 1star are complaining about Sony & the damage that Sony CDs have been done or can do to their PCs.

[EC]

I was surprised to see the low grade (3.5 I think) that Z has on amazon.com but when you read the reviews all the people that have given 1star are complaining about Sony & the damage that Sony CDs have been done or can do to their PCs.

Ricockulous.

Is anybody wondering what will come from this?  Do you think that ATO could leave SONY and go on their own?  Do you think SONY would let them in exchange for ATO agreeing not to sue SONY for all the damage they've done?  I'm wondering if some big shakedown will happen.  I'm kind of hoping it does.  It'll be nice to have more than two major record labels again.

[bermudaHway]

anybody here worried about their computer because of Z?

anyway to tell whether or not my computer is infected?

screw this, i'm one of the guys who still buys CDs and now i've opened up my computer to viruses

what to do

[peanut butter puddin surprise]

there is some software you can download to check your PC for rootkits...but most require compiling.  I have a Windows program at work that I will post a link to here on Monday.  It took a few hours to find something good to even detect rootkits (the basis for the problem here)

Basically, if you have this "rootkit" installed, it could be bad.

Don't panic, I'll post the link on Monday.

[tbone]

in that article, it SPECIFICALLY states the following:

"identified at least 19 Sony BMG music CDs that the group claims install the software when played on a PC"

my question is, if I NEVER "PLAYED" THE CD ON MY SYSTEM, but rather "ripped" the files to iTunes(shift key held down... lol) did this BS rootkit stuff get installed on my machine???

i'd like to know under WHAT circumstances would this crap be installed on your system???(inserting "z" disc?... "ripping?".... "playing?".... etc???)

[tbone]

just found out about this atrocity today and it seems to be pretty bad.  i read the initial blogpost of the dude who found out about this stuff.

it seems like A) there is no real way to get rid of it yet and B) it can mess your shit up pretty bad if you use the Sony issued uninstaller

i was trying to figure out how to determine if your system has it and i found this

"My advice to ALL people who are responsible for any computer, would be to check if this "rootkit" is installed on the systems you are responsible for. This can be done by right clicking on your desktop, selecting New from the menu, selecting Folder from the submenu and naming the folder $sys$test

If the folder disappears, your system is compromised with the Sony DRM software and you would be advised to seek the assistance of a professional Microsoft Windows technician. I would NOT advise anyone to install the Patch offered by Sony due to the fact that it could cause your computer to crash."

can anybody determine whether or not that is valid?  does anybody type in that folder name and have their folder vanish?

i tried it, and my folder DID NOT dissappear... ???

so who knows at this point???

is this accurate info anyone?

i like to keep a "clean" system.... especially considering i have North of 16,000 .mp3's on my machine... a rather "costly" investment in sound.

[tomEisenbraun]

in that article, it SPECIFICALLY states the following:

"identified at least 19 Sony BMG music CDs that the group claims install the software when played on a PC"

my question is, if I NEVER "PLAYED" THE CD ON MY SYSTEM, but rather "ripped" the files to iTunes(shift key held down... lol) did this BS rootkit stuff get installed on my machine???

i'd like to know under WHAT circumstances would this crap be installed on your system???(inserting "z" disc?... "ripping?".... "playing?".... etc???)

if you never signed an agreement or agreed to a contract or anything, but merely ripped the files, you have nohting to worry about.

Shift key users - I believe you are safe,

[tbone]

if you never signed an agreement or agreed to a contract or anything, but merely ripped the files, you have nohting to worry about.

Shift key users - I believe you are safe,

thanks, T.

those words are "music" to my ears.... lol

still, a stop needs to be put to these Sony F-nuts....  total BS.... you know that MMJ has to be seething mad about all of this....

F Sony.... they are just pissed off they missed the entire digital music revolution b/c they were too worried about what was going to happen to the 50% of of the recording industry that they own.  

[Laurie the Artist]

If Sony were truly concerned with the intellectual property rights of its artists or the artists of its controlled subsidiaries, then it would have demonstrated that by consulting with the artists before infesting the artists' hard work with garbage software, and then arrogantly either announcing directly or through its third-party software contractors that they were under no obligation to ask the artists' consent before using such software.

Are the artists getting larger royalties because of this software? Are they getting higher "account" credits or however that stuff works with artists' contracts as compensation for the use of this software on their named end-product?   Not likely.

Sony is protecting is monopolistic enterprises.  Nothing more.

If you insert an infested CD, you will have to be shown a "licensing agreement" that you would have to "accept/agree" to before the software should be allowed to install on your computer "legitimately". The idea being that Sony will need to be able to say (through convoluted legal crap)  "well, you AGREED to have this software on your system...and in the very very fine print you agreed to let us and not hold us responsible for any damage..."  If you do NOT agree if you see that prompt, and that DRM programming is still installed, Sony will be looking at additional class-action claims.

i.e., whatever you do, don't "Accept" any license agreement you see on an audio cd that you put into your computer because you want to listen to the work of your favorite band. Whether for MMJ or anyone else.  

It would have never occurred to me that they would have made this software so intrusive and malicious.  Now we know.

[spacecaptain]

How to tell whether the rootkit is on your computer:

On the Start menu, choose Run. In the box that pops up, type this command:

cmd /k sc query $sys$aries

and hit the Enter key. If the response includes "STATE: 4 RUNNING", then your machine is infected with the rootkit. If the response includes "The specified service does not exist as an installed service", then your machine is not infected with the rootkit.

How to disable the rootkit:

On the Start menu, choose Run. In the box that pops up, type this command:

cmd /k sc delete $sys$aries

and hit the Enter key. Then reboot your system, and the rootkit will be permanently disabled (note from me: don't put the CD back in your PC).

Note that this does not remove or disable the main anti-copying technologies. It only turns off the rootkit functionality that hides files, programs, and directory entries. The main DRM software is still present.

--

All information taken directly from:

http://www.freedom-to-tinker.com/?p=924

Do NOT run the uninstaller provided by Sony, as it may cause more damage to your PC. Wait for a trusted anti-virus/anti-spyware vendor to release something that actually works.

[Elizanne33]

Thanks for posting that info spacecaptain. I was worried that I had messed up my brand new computer and I didn't know how to check to see if the rootkit was installed or not. I did this and luckily for me it wasn't.

[Jimi D]

Oddly enough, the Sony Music website says nothing about the problem, or at least an hour of searching wasn't enough.

I've heard claims that a felt-tip marker around the outside of the CD will prevent the problem while retaining its regular playing abilities.  *NOTE*  I have not tried it myself nor had it verified by a friend.  I'm only saying this to see if anyone else has tried it.

Will Sony release Z without the copy-protection?  I think that would be in everybody's best interest.

[gtswanson]

I just bought Z from Amazon, and discovered today that it has the Suncomm DRM software. Much as I like the album, it is going back. It is unbelievable that they are still selling this with malware despite the recall (of CDs with the other DRM software).