By deliberately corrupting the most basic functionality of their customers' computers, Sony broke the rules of fair play and crossed a bright line separating legitimate software from computer trespass. Their actions may be civilly actionable.
Sony may even have committed a crime under the U.S. Computer Fraud and Abuse Act, which can carry fines and prison terms for anyone who "knowingly causes the transmission of a program ... and as a result of such conduct, intentionally causes damage, without authorization, to a protected computer." Corrupting Windows so it misreports the contents of a hard drive sounds a lot like "damage," and the click-wrap license agreement on the Sony disk amounts to pretty thin "authorization" -- disclosing only that "this CD will automatically install a small proprietary software program ... intended to protect the audio files embodied on the CD."
Thursday, November 03, 2005
Sony BMG Fallout Continues
Wired Mag speaks out on the recent Sony BMG copy-protection debacle. Didn't I say that they're gonna get sued?
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