No christmas for Sony!
Dec. 16th, 2005 01:30 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
kingandyIn a move that would no doubt make ![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
stsquad proud, I have been recapping on that whole Sony-BMG "rootkit" fiasco. Don't tell me you missed it? It was on Radio One Newsbeat[1], even I heard about it. Well, in a demonstration of the power of BLOGOSPHERE 1, some geek in an attic stumbled upon a number of secret hidden files installed by his Sony music CDs and opened a Pandora's box of troubles for Sony's PR department. The rest, as they say, is history.[2]
Well, no, it isn't history quite yet, as several wronged parties including the State Of Texas have filed legal proceedings against the multinational conglomeration. But you can read more about it at the aforelinked Anti-Customer Technology Timeline.
I mention this here because I found the ramifications of the infesting[3] software's End-User License Agreement quite funny. That's right, by inserting your CD into your PC and thereby installing this piece of malware that you neither asked for nor are aware of, you are agreeing to the terms of a 3,000 word EULA. But what does that actually mean?
If your house gets burgled, you have to delete all your music.
If you move out of the country, you have to delete all your music.
If you file for bankruptcy, you have to delete all your music.
BEHOLD!
[1] To quote Bart Allen, "What? You hear it ... first."
[2] Originally this paragraph involved use of the word "infested", but due to various reworkings it has regrettably had to be let go.
[3] Oh, there it is! Nice to see it's still getting work.
stsquad proud, I have been recapping on that whole Sony-BMG "rootkit" fiasco. Don't tell me you missed it? It was on Radio One Newsbeat[1], even I heard about it. Well, in a demonstration of the power of BLOGOSPHERE 1, some geek in an attic stumbled upon a number of secret hidden files installed by his Sony music CDs and opened a Pandora's box of troubles for Sony's PR department. The rest, as they say, is history.[2]Well, no, it isn't history quite yet, as several wronged parties including the State Of Texas have filed legal proceedings against the multinational conglomeration. But you can read more about it at the aforelinked Anti-Customer Technology Timeline.
I mention this here because I found the ramifications of the infesting[3] software's End-User License Agreement quite funny. That's right, by inserting your CD into your PC and thereby installing this piece of malware that you neither asked for nor are aware of, you are agreeing to the terms of a 3,000 word EULA. But what does that actually mean?
If your house gets burgled, you have to delete all your music.
If you move out of the country, you have to delete all your music.
If you file for bankruptcy, you have to delete all your music.
BEHOLD!
[1] To quote Bart Allen, "What? You hear it ... first."
[2] Originally this paragraph involved use of the word "infested", but due to various reworkings it has regrettably had to be let go.
[3] Oh, there it is! Nice to see it's still getting work.
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
no subject
Date: 2005-12-16 12:42 pm (UTC)no subject
Date: 2005-12-16 01:08 pm (UTC)I cant find any more UK rulings, however according to my source, the EULA in question would have to fail the "Unreasonableness" test before it became invalid. I am not a lawyer, so i dont know how this works.
However it is expected that the process for the new IP act due next year will Specifically mention them and solve the issue once and for all. Probably in favor of EULA validity.
Never the less, the original point stands. While there is no test case as yet, the probability is that they will be found to be valid subject to the unreasonableness test.
(IP, I hate that term, it usually been written by someone who doesnt really understand, or a Lawyer deliberately trying to obscure the issue (EG, SCO))
As for the US, i have been told that EULAs are valid there, however, although Sweet and Maxwell are US owned, most of the legally trained people here only have a passing knowledge of US work and rely on our Collegues in the US for advice on things like that, so its entirely possible there just pushing the corperate line.
(The west group, another Thomson subsidurary, tried to persuade the US congress to pass laws to allow the copyrighting of Databases, even if they contained publically available information. Fortunately they failed)
However, they were able to give Citations backing this claim up.
I'm interested now and its a friday so i cant be arsed doing real work. I will investigate them.