Whose PC Is It?
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This past week featured an amazing story that I first found when looking for Database Daily content, and have continued to follow the postings. Mark Russinovich, of sysinternals, first posted an entry about DRM software from Sony using a rootkit to install on your PC. I tracked that story along with the followups he posted (one, two, three, and four).
Apparently I wasn't the only one noticing this as there were quite a few links all over the various news services, including the mainstream press like The New York Times, the Register, and more. The story grew quickly with a lawsuit being filed in CA and then Sony announcing they would stop manufacturing CDs with the DRM. You can follow the links and read more if you want. Microsoft has announced they will remove the rootkit from Sony, not all rootkits, and a worm has already appeared that can take advantange of the software.
I've been hoping for a commentary from Lawrence Lessig, a law professor and founder of the Creative Commons, but with the Google Print debacle ongoing, he's been focusing efforts there. Prof. Lessig was the lawyer for the copyright lawsuit a few years ago asking the Supreme Court to overturn the latest extensions and has written some interesting books on the law and the Internet.
One of the reasons that I was waiting for his commentary is that he discusses something like this in his book (above right). Not specifically this, but he questions how far the police can go without a warrant into your computer. After all, they can theoretically access your computer through an Internet connection, possibly even install their own software, as Sony did. How different is this from them looking in your windows for evidence of a crime?
I don't like it, but I think that if Sony wanted to install some software on your computer to protect themselves, they could do that. But they cannot affect your computer's ability to work with non Sony products. Meaning replacing fundamental drivers, like CD drivers, would be a no-no. Nor would I think that some other company taking advantage of Sony's software be acceptable. Every company would need to set their own driver for their CD, which would be a mess. And it might mean that every time you played an audio CD in your machine, it might replace the driver with the one from that manufacturer.
It's a downhill, very slippery slope, and one that I don't think we should go down. To me, only the manufacturer of the a piece of hardware should be allowed to touch a driver. Or you, the PC owner, but no other company should be able to fundamentally alter the way your computer works. Even with some BS EULA.
Privacy and the personal rights of individuals, including property rights, need to be held more sacred than they currently are. Spyware, adware, viruses, etc. are all infringements on us, and while not as bad as an assault, they are coming close to breaking and entering, in my opinion.
Interpol and the world police organizations should really work together to continue to trap and prosecute anyone that invades our computers, including companies such as Sony. SPAM is annoying, but it's not an invasion and to me it's way less of a problem than companies invading our PCs for profit.
I can tell you that Sony has lost a customer in me. A longtime Sony fan, and someone who has preferred their products over JVC, Panasonic, etc., I will no longer buy Sony products.
Steve Jones
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Add to that the fact that the DRM software may not be legal itself. http://dewinter.com/modules.php?name=News&file=article&sid=215
Are Sony telling us to do as they say, not do as they do?
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Scott -
This is a fundamentally important question...whose PC is it, anyway? Is it the person's who manufactured it, or wrote the drivers? Is it the person's who wrote the OS, or the software? Nope...it's yours. You bought it, you own it; you can make it do what you want it to do, at least in principal.
This is way different then when you buy a DVD or a CD; you are just buying a license and a copy, in that case. It is not yours to do with as you like. I'm talking about fair use of purchased media, not pirating.
And that's the whole point, isn't it? If Sony, or the others in the MPAA/RIAA, had their way, they would own our computer and license a copy of it to us, just like they do with their products. Fundamentally that is what DRM is, unfortunately. Take a perfectly good computer and break it in some way. All this against the owners wish, of course.
Scary and sad; and that's why this root-kit has become such big news. People are nervous about these things, and they should be.
Signature is NULL
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And now Sony are recalling all the affected CDs http://news.zdnet.com/2100-1009_22-5954154.html
Good.
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Scott -
They must be regretting this. At least I hope they are. http://www.redherring.com/Article.aspx?a=14575&hed=Texas+Sues+Sony+Over+Spyware§or=Industries&subsector=SecurityAndDefense
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Scott
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