Texas files law suit against Sony

**TruckStuff** · 11-22-2005, 08:01 AM

http://seattletimes.nwsource.com/htm...nysuits22.html

Sony BMG faces two lawsuits over anti-piracy software

By LIZ AUSTIN

The Associated Press

AUSTIN, Texas — Sony BMG Music Entertainment's troubles over anti-piracy technology on music CDs deepened Monday as the Texas attorney general and a California digital-rights group said they were suing the company under new state anti-spyware laws.

The Texas lawsuit said the so-called XCP technology that Sony BMG had quietly included on more than 50 CD titles leaves computers vulnerable to hackers. The technology restricted to three the number of times a single disc could be copied.

The company agreed to recall the discs last week after a storm of criticism.

The Electronic Frontier Foundation filed suit in Los Angeles, saying Sony BMG needs to further publicize the recall and compensate consumers for costs associated with removing the software, an onerous process.

When XCP-enabled discs are loaded into a computer — a necessary step for transferring music to Apple Computer's iPods and other portable music players — the CD installs a program that restricts copying and makes it extremely inconvenient to transfer songs into the format used by iPods. Critics say consumers aren't adequately told what the program actually does.

Security researchers say XCP is spyware because it secretly transmits details about what music the PC is playing. Manual attempts to remove the software, which works only on Windows PCs, can disable the PC's optical drive.

Texas Attorney General Greg Abbott accused Sony BMG of surreptitiously installing spyware because XCP masks files that it installs. This "cloaking" component can leave computers vulnerable to viruses and other security problems, he said, echoing the findings of computer-security researchers.

"People buy these CDs to listen to music," Abbott said. "What they don't bargain for is the computer invasion that is unleashed by Sony BMG."

Sony has rejected the description of its technology as spyware. Officials for the label would not comment Monday, saying the company does not discuss pending litigation.

Sony BMG's Web site offers information on the XCP technology, the CDs that use it and ways consumers can mail them back, postage-free, for a replacement.

The company initially rejected the uproar over XCP as technobabble. But after security experts discovered the technology opened gaping security holes in users' computers — as did the method Sony BMG offered for removing XCP — the company agreed last week to recall the discs.

More info here: http://www.securityfocus.org/news/11358

**bachviet** · 11-22-2005, 08:13 AM

Serve them right!

**kgsilvas** · 11-22-2005, 09:46 AM

Don't mess with Texas Sony! What a lame thing for them to do in the first place.

**Mommypooh** · 11-22-2005, 09:47 AM

They should know better. The companies just need to suck it up and realize that poeple have the technology to copy rip and all other sorts of things and It will be done so suck it up and get over it. go with the flow.

**Grimm** · 11-22-2005, 12:27 PM

If you look at the music business from a different perspective, as a manufacturer, you have to wonder whey the misuc business hasn't gone under.
Compare it to Toyota. Cars are improved and have new features all the time. If someone tried to sell a car using 1930's technology today they would be laughed out of business. Sony had used current technology for the most part, but the engine has stayed the same. The paint and safty features have been updated, but the core has not changed.

Sony sells licences. They distribute physical media to facilitate the sales, but what they do actualy sell is a licence. They have tried to change that after the fact and that has turned against them. Much like your car dealer showing up one day and saying they changed their mind about the deal and they redid it so that you don't get the wheels. Don't worry, they already grabbed them for you from your car in the driveway, no extra charge. Oh, they had the law changed so that they can do that so there is no use calling the police. Have a nice day now, come back and get another car when you want one...

Why is Sony, and the other studios, still selling licences like they did the day they first started? There is an oppertunity here and they are passing it up.
They should continue to sell licences. On CD is one way. But online they keep screwing it up. They sell "songs" online. Thanks for your money, now get your download. WTF? What if I already have that piece of music on CD? I have a licence for it already. Why charge me again if I have a licence? See, there is an oppertunity.
Don't charge people for something they already own. Offer them new things they would be interested in. "Like that CD? We can licence you for the whole cateloge if you like."
Keep a database of purchases. Don't charge again for re-downloads. Sell different licences. Sell singles, albums, and collections of all sorts. Personal licences should be inexpensive. When a CD is sold, include a registration key so that a user can add it to his collection. When he scratches or loses his CD he can download the fils and burn them on another CD. Give away basic licence management software. Sell advanced software.

Think of the marketing. Every time a new song hits your catelog you will already know who would be interested in it. And people won't have to worry about losing their music.
It won't take up so much room to hold large collections any more.
And if people want to get custom CDs and can't burn their own? No problem, it's another oppertunity. They can go to the music store, plug in their account number and select the songs. A minute later their CD pops out. Sony makes a few bucks and you have your music on CD (though, who would use them any more?).

It just seems like the music companies are in a rut and have no clue that they are. They could be making music more available and make just as much money, or more, by treating their customers as customers, not criminals.