Calif. Lawsuit Targets Sony --Washington Post

(Lot's of embedded links in the source article!)

Brian Krebs on Computer Security

A class-action lawsuit has been filed on behalf of California consumers who may have been harmed by anti-piracy software installed by some Sony music CDs. A second, nationwide class-action lawsuit is expected to be filed against Sony in a New York court on Wednesday seeking relief for all U.S. consumers who have purchased any of the 20 music CDs in question.

Experts say the Sony CDs use virus-like techniques to install digital rights management software on computers. Windows users cannot listen to the protected CDs on their computers without first installing the software, which hides itself on the users' system and cannot be uninstalled by conventional removal methods.

The California lawsuit, filed Nov. 1 in Superior Court for the County of Los Angeles by Vernon, Calif., attorney Alan Himmelfarb, asks the court to prevent Sony from selling additional CDs protected by the anti-piracy software, and seeks monetary damages for California consumers who purchased them.

The suit alleges that Sony's software violates at least three California statutes, including the "Consumer Legal Remedies Act," which governs unfair and/or deceptive trade acts; and the "Consumer Protection against Computer Spyware Act," which prohibits -- among other things -- software that takes control over the user's computer or misrepresents the user's ability or right to uninstall the program. The suit also alleges that Sony's actions violate the California Unfair Competition law, which allows public prosecutors and private citizens to file lawsuits to protect businesses and consumers from unfair business practices.

Himmelfarb was on a plane at the time of this writing and could not be reached for comment. But a court-stamped copy of the lawsuit he filed is online here (PDF).

Scott Kamber, an attorney in New York, said he plans on Wednesday to file class-action suits targeting Sony under both New York consumer protection statutes and a federal criminal statute that allows civil actions.

"This situation is particularly egregious and surprising from a company that should be familiar with concerns people have with programs crashing their Windows computers," Kamber said. "What Sony is saying with this software is that 'Our intellectual property is more deserving of protection than your intellectual property,' and Sony can't be allowed to get away with that."

Sony spokesman John McKay declined to comment on the suits.

I wouldn't be surprised if other lawyers and law firms around the country are also preparing to file similar suits.

As I wrote in a story last week, "Sony's move is the latest effort by the entertainment companies to rely on controversial 'digital rights management' (DRM) technologies to reverse a steady drop in sales that the industry attributes in large part to piracy facilitated by online music and movie file-sharing networks like Kazaa and Limewire."

Experts who studied the Sony program said it has a built-in file-cloaking feature that could also be used by attackers to hide viruses and other files on a user's computer, and that conventional means of removing the anti-piracy software renders the user's CD-Rom drive inoperable.

In response to public criticism over the invasiveness of the software, Sony last week made available on its Web site a "patch" that would prevent its software files from hiding on the user's system. But according to further research by a variety of security experts, that patch can lead to a crashed system and data loss.

By Brian Krebs | November 8, 2005; 06:35 PM ET

I'm thinking of buying a USED copy of one of the CDs just to get into the NY lawsuit.

Hilarious!

Yeah right, betcha they will get off by throwing a few junk cd's at the schools

They always buy their way out of trouble, throw something at the schools or buy another politician

If this is completely true (and what has ever been said by a lawyer that's completely true), Sony's not going to buy its way out of this one. CDs bought for pleasure that contain software that invades the buyer's computer? The damage to their reputation would be worse than the massive potential settlements.

Watch, the lawyers will rake in tens of millions and the customers will get a coupon for $1 off their next Sony BMG DRM'd CD purchase.

Both Sony and the lawyer starting this class action suit are motivated by the same reason.

It's a vicious world.

"Watch, the lawyers will rake in tens of millions and the customers will get a coupon for $1 off their next Sony BMG DRM'd CD purchase."

Yup. Very likely.

And, Fobix is also correct IMHO.

What I am crossing my fingers about though is that SONY (a company that is as "RIAA" as you can get) is hammered by a very deserved thrashing in the media. (Even if it is as always ...with only the lawyers who "make good" $$$-wise on the whole ordeal.)

Sure, we the Public will only get a coupon or some-such, and the public libraries will end up being donated all those damaged/DRM infected disks that Sony couldn't sell...

But SONY should end up with a VERY damning and damaged reputation because we CAUGHT them red-handed this time.

I'm not gonna complain TOO much about how the "system" of things will still let them off ligher than they deserve.

At least this is gonna end up being "something"

Let's just all work together and be as vocal about our outrage as try to influence the powers/system/outcome that results to punish Sony as much as possible.

One Word --------YES!!!!!!!!!

"What I am crossing my fingers about though is that SONY (a company that is as "RIAA" as you can get) is hammered by a very deserved thrashing in the media. (Even if it is as always ...with only the lawyers who "make good" $$$-wise on the whole ordeal.) "

That WOULD be nice, but I wonder just how much mainstream media will ACTUALLY cover this. Sony spends a might advertising dollar.

Sony does spend a mighty advertising dollar, but this should make the upcoming PS3-XBox 360 war mighty interesting. Will the people shun the PS3 out of fear something will be installed if one of the disks even looks at a computer? Will Microsoft laugh their butts off? Stay tuned.

...and OWNS most of the "mainstreem" press to boot.

So far, this story has seen light on the Internet, (blogs and sites like ours and such.)

NPR,

Call For Help (Leo Laporte's cable TV show on G-4)

And the of "big" networks, I have only had a few sporatic reports (from YOU folk) where you saw something or another about it on the "scroll" at the bottom of the screen.

(I have YET to see one of those myself.)

I think SOny has a major problem that they are "pulling out all stops" to keep from becomming too wide-spread known.

No one's mentioned the Italian lawsuit filed on this matter. I suggest you look at that thread too.

http://www.msnbc.msn.com/id/9973890/

“This is a tempest in a teacup,” Gilliat-Smith said. “It’s not designed to be sneaky. It’s meant to be a bar that makes it a little more difficult to circumvent.”

Not designed to be sneaky???????????

If installing by stealth without mention, hiding installed system files, hijacking system calls with a kernel mode driver and making uninstalling damn near impossible isn't sneaky then I don't know what is.

This clown is cut from the same cloth as Bainwol and Rosen, lying sacks of excrement.

Remember folks when relatives ask what you would like for a holiday present just say
"anything as long as it's not from Sony"

Let the conversation flow from there and let Sony have the worst sales season ever.

Sony better just curl up and DIE!

Wish I was't boycotting them, Oh well

I should be happy, but I simply don't care. The lawyers will make a truck load of money, while CA consumers will get a coupon for $2 off their next sony product purchase.

If you want to show Sony your opinion on their DRM tactics, simply don't buy anything from them.

Now is a great time for us to GET TO WORK!

It's blatantly obvious that Sony is working hard, exerting it's influence over major media in order to keep this story as low-key as possible.

We need to start sending letters and e-mails to every reporter, journalist and media outlet demanding that they report on this. Let them know how huge this story and this issue is and shame them for not covering it yet.

Start with your local area and work your way up! Threaten to never use/view/subscribe to their media again because it is obvious that they are biased and bought.

Maybe if they get buried in enough letters like these some of them will cave and start providing some coverage. If some start to cave, it may pressure the others to do the same. Every little bit of local or national coverage in mainstream media will help.

This is an opportunity to add large numbers to our boycott. If enough people outside of the tech savvy hear about this, there may be a lot more that become curious about just what the media industry is up to. They may start asking about how things like the broadcast flag, the "sue-'em-all" campaign and DRM can affect them and their rights.

And lets not stop with the media. Lets bury our politicians and lawmakers in just as much correspondence demanding that they pursue criminal charges against Sony. Something like that will put on even more pressure for coverage.

LET"S GET TO IT PEOPLE!

Send one Sony DRM infected CD downunder and we will be able to hit Sony from all sides
ROFL

Kim

"Now, more interesting is a post from another user, Matt Nikki: ...If you want a more concrete proof, try to rename your favourite ripping software as $sys$whatever.exe and then run it again. You'll notice that the DRM system can no longer detect it, and thus you'll get good copy of the track you try to rip instead of one filled with noise."


Whahahahahahahahahahahahaha!
What a pack of dorks! Is it the famous DRM the 4 majors were bragging about?
Whahahahahahahaha!

Anyway the DRMed Sony CD is still ripable. You can still copy it anyway!

I love it when parasites (The 4 majors!) get ripped-off by others parasites (First 4 Internet)!
Whahahahahahahahahahahahaha!
Now it's going to cost at least Sony/BMG the skin of their buts!
And the 3 other will be in the mess too!
They are so good at shouting themselves in the head! I neither know that business can become depressed and commit suicide! Bye Bye Bye RIAA!
Whahahahahahahahahahahahaha! Talk about being in trouble! It worth any penny they gave to First 4 Internet. For us!

The Sony electronic division are try to get ride off their entertainement division because the believe that these morons are bringing down their business. Would you buy a Sony computer now?

Whahahahahahahahahahahahaha!

Oh The crisis!

"It’s not designed to be sneaky"

Let's see that software/hardware "design". Maybe I can learn something...

""Now, more interesting is a post from another user, Matt Nikki: ...If you want a more concrete proof, try to rename your favourite ripping software as $sys$whatever.exe and then run it again. You'll notice that the DRM system can no longer detect it, and thus you'll get good copy of the track you try to rip instead of one filled with noise.""

That is THE funniest thing I have read all week. I fell off of my chair laughing at this. That is great !! You just MADE my night MajorTreat.

LOLOLOLOLOLLOL !!!!

heres a list of all CDs with the rootkit on them
http://discwatch.com/rootpage.php

I think I may WANT one of these CDs.

I wonder if the method outlined by MajorTreat can spoof other "DRM" software that prevents DVD copying as well ?

The ANTI-DRM potential is ALSO through the roof. hee hee hee

I love it! You guys made my day!!!

This could be the catalyst that stirs John Q. Public into revolt and scare the lawmakers away from protecting the RIAA associated companies.

This time they have gone too far. This is wonderful!