Software writers spot open source in Sony BMG CDs

"The XCP program will have installed itself on a Windows-operated personal
computer when consumers want to play 49 title CDs from Sony BMG. The
programme forces consumers to use a music player that comes with the
program."

"This music player contains components from an open source project, an MP3
player called LAME, it emerged."

"Multiple software components on the CD have references to the LAME open
source MP3 code," Finnish software developer Matti Nikki said in an e-mail.

"After unraveling the code, others found similar evidence."

"We can confirm that at least 5 functions in the XCP software are identical
to functions in LAME," said Thomas Dullien at security software firm Saber
Security in Bochum, Germany, which specializes in the analysis of complex
software."

Funny, I thought Sony was doing this to protect it's "Intellectual Rights"
but it got caught pirating code that belongs to another organization. So I
guess the moral of the story is this: This whole DRM mess is just BS,
always was and always will be...

It is time for responsible DRM. DRM must not be legislated by big business
but instead by fairness and logic (which is sometimes hard to find in big
business anyway).

http://news.yahoo.com/s/nm/20051118/...N5bnN1YmNhdA--

Imhotep

Imhotep

Imhotep wrote:
> Funny, I thought Sony was doing this to protect it's "Intellectual Rights"
> but it got caught pirating code that belongs to another organization. So I
> guess the moral of the story is this: This whole DRM mess is just BS,
> always was and always will be...
>
> It is time for responsible DRM. DRM must not be legislated by big business
> but instead by fairness and logic (which is sometimes hard to find in big
> business anyway).

That's a huge leap in logic.

Sony used DRM in a bad way. That doesn't cause DRM as a whole to be a bad
thing.

If I'm sending out a company-wide email that I don't want my employees to
forward to the gossip blogs, I'm going to use DRM, because it acts as a
reminder to them that they aren't supposed to be copying the email, and
because it means that when I trace a leak back to them later, I can fire
them without fear that they'll say that it was an "accidental" effort.

See, there's a really good use for DRM.

A really bad use for DRM is to punish people for buying certain CDs, rather
than recording the music off the radio, or downloading it from Kazaa.

Like most other technologies, it's neither bad nor good - it's a tool. The
people who use the technology, and the manner in which they use it, is what
is bad or good.

In this case, Sony was bad, because they(*):

a) Used a company that didn't obey source licences properly.
b) Thought it was acceptable to quietly install software on users' machines
(yes, it was in the EULA, but did an installation procedure pop up and ask
the user "is it okay to install this software?" - if not, then there was not
adequate warning)
c) Don't provide simple removal and refund instructions.
d) Thought DRM was appropriate to apply in the home market, where they have
no real control over users' behaviour, or rights to install and require the
DRM software.
e) Forgot that "fair use rights" should guarantee that you buy the rights to
carry and view the content, not merely the format and media that it's
originally encoded on.

With luck, this will disgust lawmakers and their constituents enough that we
will see "copy-protected" DVDs and CDs (which are not actually protected
against copying) appear in history museums as an unfortunate step on the
road to better digital media choices.

Alun.
~~~~
(*)None of this is intended as any kind of legal advice or legal opinion,
it's what I think is ethically acceptable.
[Please don't email posters, if a Usenet response is appropriate.]
--
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Alun Jones

Alun Jones wrote:

> Imhotep wrote:
>> Funny, I thought Sony was doing this to protect it's "Intellectual
>> Rights" but it got caught pirating code that belongs to another
>> organization. So I guess the moral of the story is this: This whole DRM
>> mess is just BS, always was and always will be...
>>
>> It is time for responsible DRM. DRM must not be legislated by big
>> business but instead by fairness and logic (which is sometimes hard to
>> find in big business anyway).
>
> That's a huge leap in logic.
>
> Sony used DRM in a bad way. That doesn't cause DRM as a whole to be a bad
> thing.
>
> If I'm sending out a company-wide email that I don't want my employees to
> forward to the gossip blogs, I'm going to use DRM, because it acts as a
> reminder to them that they aren't supposed to be copying the email, and
> because it means that when I trace a leak back to them later, I can fire
> them without fear that they'll say that it was an "accidental" effort.
>
> See, there's a really good use for DRM.

DRM will never solve morality issues. What is to prevent them from typing,
from memory what was said? Or from printing the document out, scanning it
and uploading a gif image of it to the blogs?

> A really bad use for DRM is to punish people for buying certain CDs,
> rather than recording the music off the radio, or downloading it from
> Kazaa.
>
> Like most other technologies, it's neither bad nor good - it's a tool.
> The people who use the technology, and the manner in which they use it, is
> what is bad or good.

Exactly what I was saying about the fair use laws being tosses out the
window. I was also trying to point out that the DRM laws must be revised to
reflect, and protect, fair use...

> In this case, Sony was bad, because they(*):
>
> a) Used a company that didn't obey source licences properly.

...I still think it was funny that it is illegal to copy *their* music but ok
for them to *copy* from an Open Source Project....

> b) Thought it was acceptable to quietly install software on users'
> machines (yes, it was in the EULA, but did an installation procedure pop
> up and ask the user "is it okay to install this software?" - if not, then
> there was not adequate warning)

....Just because their is a EULA does not make it legal. But I understand
what you are saying.

> c) Don't provide simple removal and refund instructions.
> d) Thought DRM was appropriate to apply in the home market, where they
> have no real control over users' behaviour, or rights to install and
> require the DRM software.
> e) Forgot that "fair use rights" should guarantee that you buy the rights
> to carry and view the content, not merely the format and media that it's
> originally encoded on.
>
> With luck, this will disgust lawmakers and their constituents enough that
> we will see "copy-protected" DVDs and CDs (which are not actually
> protected against copying) appear in history museums as an unfortunate
> step on the road to better digital media choices.

I hope so. The average user's right are being trampled...

Im

> Alun.
> ~~~~
> (*)None of this is intended as any kind of legal advice or legal opinion,
> it's what I think is ethically acceptable.
> [Please don't email posters, if a Usenet response is appropriate.]

Imhotep

On Sun, 20 Nov 2005 16:00:31 -0500, Imhotep <> wrote:

>It is time for responsible DRM. DRM must not be legislated by big business
>but instead by fairness and logic (which is sometimes hard to find in big
>business anyway).

But the USA is run by big business - individual citizens cannot afford
to buy votes. The DMCA is a dead giveaway.
--
Jim Hatfield

Jim Hatfield

Imhotep wrote:
> "The XCP program will have installed itself on a Windows-operated personal
> computer when consumers want to play 49 title CDs from Sony BMG. The
> programme forces consumers to use a music player that comes with the
> program."
>
> "This music player contains components from an open source project, an MP3
> player called LAME, it emerged."
>
> "Multiple software components on the CD have references to the LAME open
> source MP3 code," Finnish software developer Matti Nikki said in an e-mail.
>
> "After unraveling the code, others found similar evidence."
>
> "We can confirm that at least 5 functions in the XCP software are identical
> to functions in LAME," said Thomas Dullien at security software firm Saber
> Security in Bochum, Germany, which specializes in the analysis of complex
> software."
>
> Funny, I thought Sony was doing this to protect it's "Intellectual Rights"
> but it got caught pirating code that belongs to another organization. So I
> guess the moral of the story is this: This whole DRM mess is just BS,
> always was and always will be...
>
> It is time for responsible DRM. DRM must not be legislated by big business
> but instead by fairness and logic (which is sometimes hard to find in big
> business anyway).

The best examle of such a DRM is PC StongBit software protection system
http://www.strongbit.com

SoftComplete

Jim Hatfield wrote:

> On Sun, 20 Nov 2005 16:00:31 -0500, Imhotep <> wrote:
>
>>It is time for responsible DRM. DRM must not be legislated by big business
>>but instead by fairness and logic (which is sometimes hard to find in big
>>business anyway).
>
> But the USA is run by big business - individual citizens cannot afford
> to buy votes. The DMCA is a dead giveaway.

....unfortunely that statement is true....

Imhotep

Imhotep