Editorial: The Sony/BMG XCP Digital Rights
Management (DRM) Computer Controversy
Editor's Note: this editorial about
the Sony/BMG XCP copyright protection software debacle was written by MBADC
Staff Writer Darcie-Nicole Wicknick, who submitted to a fellow music
industry publication. They opted not to print it. We have no problem doing
so, because we believe in freedom of the press, and the right to free
speech. We also believe our readers are smart enough to understand that one
person's opinion is not necessarily reflective of an entire publication.
"Mom, Sony Broke My Computer..."
By
Darcie-Nicole Wicknick
What next?? Many of you have already heard about the Sony/BMG™ digital
rights management inclusion on its recent CDs – a technology known as a
“root kit.” In a valiant effort to reduce piracy, and naturally thinking it
was acting in favor of composers everywhere, Sony/BMG incorporated this root
kit onto its CDs, as a means to stop illegal file sharing and to “ensure”
that you would not be taking the CD from computer to computer and uploading
it indefinitely. Writing this article saddens me, because I have always
enjoyed Sony affiliated artists, and the Company, from the business side,
always struck me as rather favorable to those on the rosters. And, as we can
see with this, they really are looking out for their own. But there’s
more...
According to CNET’s article "DRM This, Sony! by Molly Wood, one
techie who created a root-kit hunter (and “one of the first to Blog about
the Sony intrusion”) “discovered another little gem when he tried to remove
DRM (Digital Rights Management) drivers. It broke his computer – disabling
his CD hard drive.”
Not only that, but according to an AOL article on the subject, Sony/BMG
insists that if you lose your original CD--and CNET concurred on this
point--you lose your rights to the files of that CD you already uploaded.
This is written in the Sony/BMG End User Agreement. According to a
Washington Post article by Brian Krebs, the only way to listen to the
encoded CD on your computer is to first install this “virus-like” program
(Krebs).
So, for those of you who buy CDs, upload them, and take them over to your
local used CD store or for lovely little stocking stuffers, you could be
held “accountable” for files kept on your PC.
Of course this raises the question, “How will they know I lost my CD?” Well
as with any blanket rule, we must assume that they impose the rule even if
they cannot totally enforce it. And, perhaps the upload would become
disintegrated or corrupted if you did not refresh the file from your CD
every now and again. Since the exact technology is proprietary information,
who knows?
But the problem really got ugly when people were finding (according to
CNET) that you had to delete all your files if you moved out of the
United States or if you filed bankruptcy… hmmm… So is Sony tracking more
than just your files? Just how are they finding this out? Well, therein lies
the rub.
According to sources, Sony/BMG’s little protective service was more like the
Secret Service – finding a back door into your hard drive via that Kanye
West CD you just bought. My guess is that if you have the Internet, and you
suddenly are dialing up from Switzerland, they may have a way to find that
out. It still sounds a little fishy as to how they would actually know and
enforce it, but to write this into their program and agreement is not only
cagey, it’s downright deceptive.
And when it disables your hard drive--which it has been proven to do--that
exists on a computer you purchased (especially if it is not, say, a
Sony Vaio™), it boils down to out and out theft.
Artists on the label are likely none too thrilled to have their reputations
associated with this. Reportedly some have already raised their voices on
this and with good reason – they really stand to lose a lot!
The Washington Post unveiled that class action lawsuits are already
taking place in California, based on laws built into the Consumer Protection
against Computer Spyware Act. In addition, Sony claims that they have made
available to end users an online security patch that closes the back door
and keeps the vermin out, so to speak. However, the Washington Post
concludes, “according to further research by a variety of security experts,
that patch can lead to a crashed system and data loss.”
So, the theft may not just include your music files. Your personal
documents, or the hardware itself, may be corrupted or deleted into digital
oblivion…Really bad news if you have completed 90% of your Record
Company Operations Final and--POOF--it’s gone!
Or what if, for example--speculative of course--this back door doesn’t
really shut, and all of a sudden Sony taps into that big MP461 project you
just did...and next year, your song shows up being performed by a Sony/BMG
artist?? OK I am really stretching the limits here, but by disabling your
system and essentially hacking into it, Sony, in its efforts to protect from
copyright infringement, could unwittingly become a copyright infringer!
How else is this theft? Well, if your computer is irreparable and you cannot
for some reason reinstall your Microsoft or Finale software because of their
limited use, one-computer rules in their end user agreements, you
could be out a pretty penny. And don’t feel too confident that a Mac, even
with its resilient anti-virus reputation, could not feasibly be
affected...Remember, this is software you install, that you “opt in” for
when you go to upload that CD into your iTunes or RealPlayer.
By agreeing to the upload of this software, Sony/BMG could argue that you
are totally all for it, and in court, if you were on a class action suit,
the defense would invariably argue that you said “yes this is totally cool
with me.” But – now tell me the truth – do you ever really read those
end user agreements? I don’t know many people who do, personally.
[Suggestion: when you finish this, please check out our MBADC
Terms of Use and Privacy Policy. Links are at the bottom of this page.--Ed]
One tech guru in Boston said that swiping the CD with black indelible marker
helps protect you from all this gobbledygook that can dismantle your
computer from the inside out. But until that’s proven, I’d be careful.
According to the Washington Post, it’s also feared the embedded
software can disrupt performance from CD players (including those in cars),
but that has not been fully corroborated.
To be fair, all in all, Sony/BMG may really not have intended to do anything
but protect the songwriters and producers from thieving filejackers on the
internet superhighway. And according to the Sony/BMG website, Sony “got”
this program from a third party consultant. (I'm guessing said consultant is
facing litigation as we speak!)
But they obviously made a terrible mistake in terms of long-term marketing…
I mean, who, after this, will feel completely safe purchasing a Sony/BMG CD?
And then who suffers? The very composers, artists, producers, and employees
Sony was trying to protect in the first place!
So what should Sony/BMG do? Well, Sony/BMG writes they are offering a
mail-back and reissue program to customers, and express regret for the
inconvenience. They have also issued a retail recall (read, expensive).
Hopefully this does not drive up wholesale costs for future releases (but I
digress)...
Sony/BMG will supposedly reissue these albums, not coded with this venomous
little critter. In my opinion, they really should include a letter of
apology with each CD, with a written statement that the CD is safe
and software free. And, as mentioned above, the company is offering that
“antitoxin” security patch, but the jury is still out on whether or not that
remedy is a pathogen in and of itself.
In the meantime, to protect themselves, Sony/BMG may reconsider that ban on
issuing cassettes and vinyl...at least to keep the releases out there. And,
they could offer consumers analog choices for the releases on the label –
especially for those droves of consumers who are now petrified of the CDs.
True, the electronics market is not really supportive of cassettes anymore,
but in some circles vinyl is coming back into vogue (assuming that the
retailer can devote bin space to vinyl – a whole other issue altogether).
And because many brick and mortar stores, especially the smaller ones, are
only designed to carry CDs, Sony/BMG might consider working with
Amazon.com
or Tower Records Online to help sell the alternative formats. This is a
cumbersome set of options, but it’s better than the long term risk to the
entire music business economy that Sony/BMG would affect if people just
stopped buying their CD releases.
At the very least, for the time being, I’d recommend leaving your computer
out of it. And if you want songs for your computer, get them from iTunes or
MSN Music.
For more information about Sony’s position on the XCP, please visit
SonyBmg.Com.
(The XCP link is in bold toward the bottom of your screen and
includes embedded links and FAQs.)
Editor's Note: On Tuesday, August 29th, 2006, Universal Music Group
(UMG) the world's largest record company, announced they have signed a
one-year agreement that will make their entire catalog available for free
downloading via
SpiralFrog.com at
no cost to consumers. Other labels are expected to follow. -- JH/RR |
