Re: [SLUG] Sony, Rootkits and DRM

From: Robert Snyder (robertsnyder@gmail.com)
Date: Wed Nov 02 2005 - 15:46:27 EST


On 11/2/05, Steven Buehler <swbuehler@gmail.com> wrote:
> On 11/2/05, William Coulter <wrcoulter30@yahoo.com> wrote:
> > Yes, yes, yes!!!!! I had to read the article again, and it said that the User agreement DID NOT
> > state anything about a rootkit. That is why I think that this is a criminal case. They have set
> > the rules but now we can us them against them. I beleive that we have a very, very strong
> > criminal case.
>
> The user agreement doesn't necessarily have to say anything about a
> rootkit. It can simply state that it will install software on your PC
> ("software" is a very broad term that can refer to any kind of
> program, including rootkits). Basically if you don't want to install
> their software to listen to their CD, you are not authorized under the
> license to listen to the CD on your computer, but you certainly could
> on any regular CD player. If you don't want the rootkit on your
> system, don't install the software.
>
> Now, if there is some kind of antispyware or other law that states
> that the publisher MUST declare in its user agreement that it is
> installing a rootkit or some other form of invasive system
> reconfiguration, you *might* have a case.
>
> The idea of "owning" a song when you buy it on a CD or tape is a bit
> misleading. You are being granted a license by the publisher of the
> song to possess a copy of the published material for your personal
> listening and enjoyment. The publisher, however, still owns the song,
> and ownership or title to the song does not transfer to you when you
> buy that CD or download that file from iTunes or other online music
> shop of your choice.
>

The problem is that the licence agreement does not say anything about
installing any software. If you had read the sysinternals
documentation of the drm.

While there is a agreement there is no where in that agreement that
say anything giving your authorization to install software.

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