James Delahunty
10 Nov 2005 11:54
Sony BMG is now facing at least three lawsuits (so far) over the XCP copy protection. The Digital Rights Management (DRM) software behaves like a rootkit, which are increasingly used by virus writers to hide malicious software in a Windows Operating System and shield them from virus scanners. A class action lawsuit has been filed in California and another is expected soon in New York. The Electronic Frontier Foundation (EFF) is gathering information from affected users to determine whether a case can be brought.
All of this started when Mark Russinovich discovered the rootkit-like installation of XCP, a DRM technology by UK based First4Internet. Ever since the issue has just escalated and escalated until now, with lawsuits filed against Sony BMG. One particular lawsuit was filed in Los Angeles by attorney Alan Himmelfarb and it aims to stop Sony BMG selling any more CDs protected by anti-copying software.
It also seeks damages for Californians who have bought CDs protected this way. The lawsuit claims that three Californian laws have been broken by Sony BMG. Scott Kamber, a New York lawyer is planning a class action lawsuit for all affected Americans. The EFF is also compiling a list of albums protected with XCP. The organisation is seeking stories from anyone who purchased XCP protected CDs.
"We're considering whether the effect on the public, or on EFF members, is sufficiently serious to merit a lawsuit." the EFF said in a statement. In Europe, the Electronic Frontiers Italy has asked the nation's government to investigate Sony over the use of the anti-piracy software. Computer Associates said that it would be releasing a tool to completely uninstall the XCP program.
Source:
BBC News