Jeremy deBeer reports that Sony BMG Canada has settled several Canadian class action lawsuits over the inclusion of the rootkit in dozens of CDs. The settlement, which must still be approved by a Canadian court, features similar terms to those found in the U.S., including the right to cash compensation […]
Post Tagged with: "sony rootkit"
30 Days of DRM – Day 04: DRM Misuse Sanctions (Markets)
Yesterday's posting focused on the role that the Competition Bureau should play in addressing DRM misuse. While that role is an important one, it is by no means sufficient to address the misuse problem. The Bureau will undoubtedly be hampered by inadequate resources, institutional bias against taking "risky" cases, and statutory limitations that constrict its role to abuse of dominance cases. Therefore, in addition to Bureau oversight, the law should contain provisions that establish strong disincentives to overreaching or abusive use of DRMs.
Last fall's Sony rootkit case, in which Sony placed hundreds of thousands of personal computers at risk for viruses and other security breaches by surreptitiously placing DRM on dozens of its music CDs, is a model illustration of the havoc that DRM misuse can generate. While the Sony case is not an abuse of dominant position case, there are good policy reasons to create disincentives to ensure that overzealous companies will not misuse DRM.
Several potential disincentives come to mind.
UK APIG Report on DRM Released
The UK All Party Parliamentary Internet Group has released its report on DRM. Lots of noteworthy recommendations including increased disclosures, warnings of possible criminal actions against those behind Sony rootkit type cases, competition investigations, and broader exemptions to anti-circumvention provisions.
The Sony Rootkit Effect
While the blogosphere is understandably focused on the revelation that the RIAA now says that "creating a back-up copy of a music CD is not a non-infringing use" (after telling the U.S. Supreme Court in the Grokster hearing that "it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod."), I think two other stories out today merit attention.
Sony Hit With Another Canadian Class Action Lawsuit
Sony Canada has been hit with another class action suit arising from last year's rootkit fiasco. This suit is particularly interesting for a pair of reasons. First, it contains new allegations about Sony's conduct in Canada. In particular, it alleges: Sony released at least 34 titles in Canada with sales […]
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