Out-Law News 1 min. read
23 Nov 2005, 11:34 am
Lawsuits have already been filed against Sony BMG in California and New York. In Italy, a group called the ALCEI-EFI (Association for Freedom in Electronic Interactive Communications – Electronic Frontiers Italy) says Sony BMG has committed a criminal offence. It filed a complaint about the software with the head of Italy's cybercrime investigation unit on Friday.
Sony BMG used its copy-protection software (known as XCP technology) in 52 CD titles. When consumers insert the CD in their computer, they are prompted to accept an end user licence agreement to install Sony BMG’s audio player.
By opting into the agreement – which is the only way a consumer can listen to these CDs on a computer – the consumer agrees that Sony BMG can install certain files into the computer’s Microsoft Windows folders. The Attorney General points out that consumers are unable to detect and remove these files, a type of file known as rootkit.
Security experts warned last week that the program was being exploited by hackers to hide viruses.
Sony BMG has ceased production of the CDs and announced a general recall of all affected CDs. However, investigators were able to purchase numerous titles at Austin retail stores as recently as Sunday evening, the Attorney General said yesterday.
“Sony has engaged in a technological version of cloak and dagger deceit against consumers by hiding secret files on their computers,” warned Attorney General Abbott.
“Consumers who purchased a Sony CD thought they were buying music. Instead, they received spyware that can damage a computer, subject it to viruses and expose the consumer to possible identity crime,” he added.
The Attorney General has filed suit under a newly enacted Texas spyware law, the Consumer Protection Against Computer Spyware Act of 2005. The suit seeks damages of $100,000 for each violation.
The EFF has also been threatening action for several weeks and yesterday, together with two class action law firms, the rights group filed suit, demanding that Sony BMG repair the damage done by the XCP software and another form of copy-protection – SunnComm MediaMax software – included on around 20 million music CDs.
"Music fans shouldn't have to install potentially dangerous, privacy intrusive software on their computers just to listen to the music they've legitimately purchased," said EFF Legal Director Cindy Cohn. "Regular CDs have a proven track record – no one has been exposed to viruses or spyware by playing a regular audio CD on a computer. Why should legitimate customers be guinea pigs for Sony BMG's experiments?"
