, 2005-11-14
Last month I wrote about a dispute between the Federal Trade Commission and a spyware distributor where the FTC alleged that an End User License Agreement, which essentially told downloaders that they were downloading spyware, was a false and deceptive trade practice. Two events cause me to revisit this issue. First, the FTC has gone after another spyware distributor, and second, Sony Corporation has caused the surreptitious installation of a rootkit-type program to enforce its digital rights management on its music CDs, claiming authority to do so under an End User License Agreement.
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Sony's legal issues
2005-11-14
fatman (2 replies)
fatman (2 replies)
Sony's legal issues
2005-11-16
Steve (1 replies)
Steve (1 replies)
But what are the consumer's remedies?
2005-11-17
HavaCuppaJoe (2 replies)
HavaCuppaJoe (2 replies)
Indeed. It so happens that the best stereo system in my house is my computer, which came equipped with surround-sound speakers. I am not interested in "ripping" my CD's to MP3, and I doubt I will ever own an iPod. And yet, now I'm afraid to play any new CD's on my computer, because of bone-headed copy-protection schemes like Sony's. I'm not a lawyer. How am I reasonably supposed to understand these densely worded EULA's? The fact is, I can't, and neither can most ordinary people. If they think they can, they're mistaken.
Sure, I can, and do, refuse to install any special software on my PC, but what if the Sonys of the world decide to just go ahead and install their junk anyway? What if my mouse slips and I click "yes" by accident instead of "no"?
Worse yet, if I buy one of these copy protected (or "enhanced", for that matter) CD's, I can't be sure they'll play properly on my stand-alone CD players. My CD/Clock/Radio unit is particularly temperamental.
Sure, I can refuse to buy any more of these crippled CD's, but what if all CD's are marketed this way? What recourse do I have then?
What am I supposed to do as a consumer? I know -- maybe I should just go back to vinyl LP's ....
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Link to this comment: http://www.securityfocus.com/comments/columns/369/32656#32656