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?"
