Grex Music3 Conference

Item 202: The Twenty-Second "Napsterization" Item

Entered by krj on Tue Nov 1 17:14:59 2005:

The usual canned introduction:

The original Napster corporation has been destroyed, its trademarks
now owned by an authorized music retailer which does not use peer-to-peer
technology.  But the Napster paradigm, in which computers and networks
give ordinary people unprecedented control over content, continues.

This is another quarterly installment in a series of weblog and
discussion about the deconstruction of the music industry and other
copyright industries, with side forays into "intellectual property,
freedom of expression, electronic media, corporate control, and evolving
technology," as polygon once phrased it.

Several years of back items are easily found in the music2 and music3
conferences, covering discussions all the way back to the initial
popularity of the MP3 format.   These items are linked between
the current Agora conference and the Music conference.


53 responses total.

#1 of 53 by krj on Tue Nov 1 17:19:48 2005:

Sony/BMG CDs can now come with a copy protection system which, when 
used in a Windows PC, installs a rootkit, hidden software which 
requires a high degree of skill to find and remove.  Wheeee!
 
http://www.sysinternals.com/blog/2005/10/sony-rootkits-and-digital-rights.h
tml
 
http://www.f-secure.com/weblog/#00000691

(For the non-obsessive, Sony/BMG is the joint music operation of 
Sony and Bertelsmann, one of the four surviving Big Music corporations.)


#2 of 53 by keesan on Tue Nov 1 17:26:47 2005:

How does linux react to Sony CDs?  I had to use a version of readcd later than
1999 to bypass copy protection.


#3 of 53 by tod on Tue Nov 1 17:28:44 2005:

What are the implications of this malware to employers that allow their
workers to listen to Sony CD's on the desktop?


#4 of 53 by mcnally on Tue Nov 1 17:54:04 2005:

 It is probably no longer advisable to allow employees to put their own
 CDs in their work computers.

 (Arguably it hasn't been advisable ever since Microsoft added the idea
 of "autorun" CDs to their OS years ago..)


#5 of 53 by tod on Tue Nov 1 18:01:41 2005:

The first question I always ask: Does your organization give the enduser
"Administrator" or "Power User" level at the desktop.
We're in the process of rolling out Altiris but the learning curve is pretty
strained for these guys..they're struggling just with the symantec scanning
logs being retained from the local boxes.  That means: We need to devise a
laptop scanning policy that ensures at least a weekly scan without user
interference and also ensures we have it logged somewhere(think SOX).


#6 of 53 by albaugh on Tue Nov 1 18:49:48 2005:

Many new PCs in the workplace have neither a floppy disk drive nor a CD drive.


#7 of 53 by tod on Tue Nov 1 19:15:19 2005:

But plenty o USB minicruzer ready ports...


#8 of 53 by remmers on Tue Nov 1 19:17:54 2005:

Re #1:  Yes, I read that article.  In the comments, the issue was raised
whether this practice by Sony is even legal, given laws against
surreptitious installation of malware/spyware by third parties.  Is a
class action suit against Sony looming on the horizon?


#9 of 53 by tod on Tue Nov 1 19:28:57 2005:

Sherman Networks Part 2...


#10 of 53 by khamsun on Tue Nov 1 19:53:26 2005:

"surreptitious installation of malware/spyware by third parties"

because when it's by first parties, nobody cares.It's legal.
Microsoft Vista, where do you want to get eavesdropped today?


#11 of 53 by other on Wed Nov 2 12:18:56 2005:

8:  Can't be far off, I imagine.  The real question is whether the
courts will validate such a suit before Sony buys enough
Congresscritters to make it explicitly legal for Sony to do what's
illegal if anyone else does it.


#12 of 53 by bdh1 on Thu Nov 3 07:35:20 2005:

The current Sony DRM scam crashes M$ Vista dead in its tracks.  Oops. 
Thank Bill its only
a Beta...

Some wire stories indicate Sony is releasing a "patch" (for an M$ OS?)
that fixes the problem
they created.    HIFNFT.

Rumors of code in the wild to exploit the pre-deployed rootkit.


#13 of 53 by naftee on Thu Nov 3 23:11:25 2005:

unlucky



#14 of 53 by remmers on Tue Nov 8 16:28:40 2005:

It appears that Sony is being sued over the rootkit thing.
http://www.theinquirer.net/?article=27508

Also, Grokster has officially shut down.  An interesting take on this 
appears in the TechDirt blog:  
http://techdirt.com/articles/20051107/1154257_F.shtml


#15 of 53 by twenex on Tue Nov 8 16:41:24 2005:

Re: #14, 1st para. Oh, Good.


#16 of 53 by albaugh on Tue Nov 8 20:11:54 2005:

You just have to wonder what went through the minds of the "leadership" at
Sony that knowingly proceeded with this approach.  Undoubtedly somewhere
behind it were legal advisers whose throats desperately need to be cut.


#17 of 53 by mcnally on Tue Nov 8 20:26:17 2005:

 I'd wager that the leaders who make these decitions have little to
 no clue about the technology involved -- someone at a DRM startup
 company pitches them a solution that they say will keep the kids
 from ripping all that juicy product and the suits at the top say
 "That's great!  It's just what we're looking for to ummm, 'enhance'
 the customer experience."

 In support of my assumption, I offer this line of reasoning --
 if the executives in charge of this sort of thing *did* have any
 sort of clue about audio and computer technology, why would they
 keep going for these half-assed measures time and time again?


#18 of 53 by tod on Tue Nov 8 20:29:41 2005:

re #17
  if the executives in charge of this sort of thing *did* have any
  sort of clue about audio and computer technology, why would they
  keep going for these half-assed measures time and time again?
Picture the scene in Austin Powers where Dr.Evil says "I will hold the world
ransom for....1 million dollars..muhahahaha.."


#19 of 53 by albaugh on Tue Nov 8 20:38:45 2005:

I have no proof but I speculate that some lawyer time advised management that
if they weasle worded their EULA a certain way they could claim that by the
letter of the law they weren't doing anything wrong.  Can't Sony management
comprehend that this approach can't be worth it in comparison to the ill will
for the company when the "scandal" finally came out (which they surely must
/ should have know that it would).


#20 of 53 by tod on Tue Nov 8 20:47:24 2005:

Sherman Networks


#21 of 53 by mcnally on Tue Nov 8 20:50:11 2005:

 Is that as in "Sherman Antitrust Act", or a misspelling of "Sharman"?


#22 of 53 by tod on Tue Nov 8 21:10:48 2005:

Sharman mispelled


#23 of 53 by albaugh on Wed Nov 9 18:30:13 2005:

don't squeeze it


#24 of 53 by mcnally on Wed Nov 9 19:22:38 2005:

 Don't try to tell me what to do, Whipple..  
 :-p


#25 of 53 by charcat on Thu Nov 10 03:52:26 2005:

Huh????  =^O.o^=


#26 of 53 by naftee on Thu Nov 10 04:20:58 2005:

lolol


#27 of 53 by mcnally on Thu Nov 10 07:55:00 2005:

 (that *was* the name of the nebbishy control-freak in the "please
 don't squeeze the charmin" ads, wasn't it?)


#28 of 53 by krj on Thu Nov 10 17:59:24 2005:

The "Sony Rootkit CD" story keeps growing.  If the following report
holds up...   *grrrrrr*

>>>"According to Computer Associates, the Sony software makes itself a
> default media player on a computer after it is installed. The software
> then reports back the user's Internet address and identifies which CDs
> are played on that computer. Intentionally or not, the software also
> seems to damage a computer's ability to "rip" clean copies of MP3s
> from non-copy protected CDs, the security company said.

>>>"It will effectively insert pseudo-random noise into a file so that
> it becomes less listenable," said Sam Curry, a Computer Associates
> vice president. "What's disturbing about this is the lack of notice,
> the lack of consent, and the lack of an easy removal tool."

Computer Associates is one of the antivirus firms which says it is
going to have their products delete the Sony DRM package.

http://www.zdnet.com.au/news/security/soa/Antivirus_firms_target_Sony_rootk
it_/0,2000061744,39221702,00.htm

From other discussions, it is believed that Amazon.com does a good job
of identifying which Sony CDs contain DRM, and presumably the rootkit.
The new Kate Bush release for Sony, oddly, is not listed as a
protected CD, and on the velvetrope.com discussion, two people confirm
that the disc does not contain the rootkit.


#29 of 53 by nharmon on Thu Nov 10 18:06:27 2005:

Is Kate Bush related to George Walker Bush?


#30 of 53 by mcnally on Thu Nov 10 18:41:53 2005:

  They each share about 97% of their DNA with chimpanzees..

  ..but don't get too excited, so do the rest of us.

  Other than that, no relation so far as I know.


#31 of 53 by krj on Thu Nov 10 18:42:00 2005:

If nharmon is seriously asking that question, I'd say that 12 years
*was* too long for Kate to be away from the music business.   :)


#32 of 53 by tod on Thu Nov 10 18:43:51 2005:

I really gotta wonder why anybody would burn Sony CDs in the first place. 
You've already been suckered once into buying their stuff.


#33 of 53 by krj on Thu Nov 10 19:56:14 2005:

Why a Sony rootkitted CD might end up in your computer:

1) People might just be into using their computer as a
   music audio source, either at home or at work.
2) People might want a backup copy for the car, where CDs could be 
   more vulnerable to scratching through careless handling.
   Big Music has pretty much conceded this falls under fair use.
3) You might want to rip the tracks from the Sony CD you purchased
   to load into your portable music player.


#34 of 53 by mcnally on Thu Nov 10 20:05:24 2005:

 From a response on Slashdot that I found amusing:
 >  I'm still waiting for a worm that uses the Sony rootkit to hide itself,
 >  spreads to many computers, and then [launches a distributed-denial-of
 >  service attack against] sony.com.


#35 of 53 by tod on Thu Nov 10 20:22:05 2005:

AOL once had such a mishap.


#36 of 53 by albaugh on Fri Nov 11 19:53:07 2005:

Virus Uses Sony BMG Software to Hide on PCs 
Los Angeles Times 11/11/05  
by Reuters  
Copyright 2003 / The Times Mirror Company

-------------------------------------------------------------------------------
 
A computer security firm said it had discovered the first virus that used music
publisher Sony BMG's controversial CD copy-protection software to hide on PCs 
and wreak havoc. 

Under a subject line containing the words Photo approval, a hacker has mass-
mailed the so-called Stinx-E Trojan virus to British e-mail addresses, 
said British anti-virus firm Sophos. 

When recipients click on an attachment, they install malware, which may tear
down a computer's firewall and give hackers access to a PC. The malware hides
by using Sony BMG software that is also hidden; the software is installed on
a computer when consumers play Sony's copy-protected music CDs. 



#37 of 53 by remmers on Sat Nov 12 12:45:51 2005:

Sony has apparently withdrawn the rootkit.  This just posted in the 
Techdirt blog (http://tinyurl.com/dzp2v):

    You can already see the case studies being written about how badly
    Sony-BMG has handled this whole rootkit mess. First they absolutely
    denied it was a problem. Then, when the attention didn't die down
    immediately, they offered a "patch" and assumed that as long as they
    announced they had a patch, everyone would stop paying attention.
    Unfortunately, enough people kept paying attention and noticed that
    the patch didn't help much, and in some cases made the situation
    worse. Following that, they pulled out the desperation card of
    basically saying what you don't know can't hurt you, which just made
    things even worse for them and resulted in at least one, and
    possibly more, lawsuits. So, now, two weeks after this was brought
    to their attention, and days after virus writers started using the
    rootkit to hide malware (which everyone told Sony was bound to
    happen), Sony BMG has finally agreed to stop using the rootkit
    technology... temporarily. Not only that, but they do so defiantly,
    without an apology, saying there's really no risk and they still
    have the right to use such technology, but they'll stop temporarily
    as a "precautionary measure." Precautionary against what? It seems
    mostly like precautionary against bad press, which they hope will
    finally die down.


#38 of 53 by nharmon on Sat Nov 12 13:17:12 2005:

I read about that on Slashdot. Here is a quote from Stewart Baker,
policy czar for DHS: "It's very important to remember that it's your
intellectual property -- it's not your computer. And in the pursuit of
protection of intellectual property, it's important not to defeat or
undermine the security measures that people need to adopt in these days."

It was suggested that you keep that quote tucked away somewhere for when
Microsoft and the guv'mint starts advocating for "Trusted Computing".


#39 of 53 by albaugh on Mon Nov 21 18:59:12 2005:

Even the comics are hip to this debacle:

http://www.ucomics.com/foxtrot/2005/11/21/


#40 of 53 by remmers on Tue Nov 29 14:01:05 2005:

More Sony rootkit news:

It appears that First4Internet, the company that developed the rootkit
software used by Sony, may have used open source code in the product, in
violation of the open source license.
http://techdirt.com/articles/20051128/1412218_F.shtml

Boing Boing has uncovered messages by First4Internet programmers to
mailing lists asking for help in developing the software.  They're an
amusing read.
http://www.boingboing.net/2005/11/27/prehistory_of_the_so.html
http://www.boingboing.net/2005/11/28/sony_rootkit_author_.html

The New York State attorney general is investigating and may seek penalties.
http://tinyurl.com/ad9to


#41 of 53 by remmers on Sun Dec 4 12:31:24 2005:

A google search on "kazaa" turn up this interesting message at the
bottom of the search page:

----
In response to a complaint we received under the US Digital Millennium
Copyright Act, we have removed 1 result(s) from this page. If you wish,
you may read the DMCA complaint that caused the removal(s) at
ChillingEffects.org.
----

Found this on Digg:
http://digg.com/security/Google_Blocking_Search_Results_Because_of_DMCA


#42 of 53 by mcnally on Sun Dec 4 19:23:42 2005:

 If you don't mind, could you specify the terms of the search that generated
 those results?  I'd like to know more about what sort of things are being
 blocked.


#43 of 53 by drew on Sun Dec 4 20:24:58 2005:

The linked page proports to be a complaint by the owner of Kazaa against a
series of websites with kazaa in the URL (eg, kazaalite.com, kazaa-france.com,
et) plus a few other sites, for distributing "unauthorized copies" of the
kazaa software.


#44 of 53 by remmers on Mon Dec 5 13:21:08 2005:

Re #42:  The search term was simply "kazaa".


#45 of 53 by krj on Fri Dec 16 21:47:48 2005:

The Wall Street Journal covers the unhappy Christmas shopping season
of Big Music.   Additional chatter from The Velvet Rope, allegedly a
music-biz discussion board.

The headline and sub-heads--

"Silent Night for Music Sales:
 Holiday Buyers Spurn Tunes
 As Industry Picture Worsens;
 'Cesspool of Really Bad Bands'"

http://online.wsj.com/public/article/SB113469750280524159-cHiBMNTXDkDv9L46K
_JDaIjOcy8_20061215.html?mod=tff_main_tff_top

http://www.velvetrope.com/ubbthreads/showflat.php?Cat=&Board=UBB1&Number=722160&page=1&view=collapsed&sb=5&o=2&fpart=1

(( no tinyurl for you!!! ))

Quote:

>>  "Music sales at Virgin Megastores' 20 North American locations are
down nearly 20%...  Other music retailers report similar numbers."

>>  "During the crucial Thanksgiving week, the top 10 albums sold 40%
fewer copies than the top 10 albums during the same week in 2004."


#46 of 53 by mcnally on Fri Dec 16 21:51:39 2005:

 Who are we supposed to be buying this holiday season?  I can't
 offhand think of any new music I'm excited about and I doubt I'm
 the only one..  I'm mildly interested in the boxed set that was
 just released of little-known tracks by sixties girl-group bands
 but not enough to invest in it..


#47 of 53 by marcvh on Fri Dec 16 21:59:51 2005:

Well, Kevin Federline's album isn't out yet, so I guess there's not
much.  I think that people in our age bracket are supposed to be buying
box-sets of the groups we loved in our adolescence.  It's either that or
The Pussycat Dolls.


#48 of 53 by remmers on Sun Dec 18 11:51:04 2005:

(What if the groups you loved in your adolescence were things like the
New York Philharmonic, the Cleveland Symphony Orchestra, and the
Budapest String Quartet?)


#49 of 53 by marcvh on Sun Dec 18 21:24:49 2005:

Are there no box-sets of them?  Either that or you could buy them on
SACD, which would no doubt make Sony happy.  The trouble is most of
their music is timeless, which doesn't make it bad music but does make
for poor nostalgia. 


#50 of 53 by krj on Mon Dec 19 02:41:27 2005:

I came up with a sizable list of CDs for my letter to Santa, but 
just about all of them are European folk/world releases.   It's a 
great period for me and the maybe 1000 other Americans who listen 
to this stuff.  :)


#51 of 53 by krj on Mon Dec 19 03:01:04 2005:

Hard news and rumors are turning up about the Musicland operation, 
which runs the venerable chain store Sam Goody, and which was 
still one of the top ten music retailers in the USA.   Hard news is that 
Musicland is going to shutter the Media Play retail operation, which
sold CDs, books and DVDs at 61 locations, including Ann Arbor.
That's widely reported in mainstream media.
 
A report which is mostly behind a Billboard subscription wall 
does have a teaser peeking out.  It says that Musicland is asking
its suppliers (presumably of CDs?) to accept 50% of what they are 
owed, and to take a IOU note for the rest.
 
And, in bloggy rumor land, the Coolfer blog quotes HitsDailyDouble
as rumoring that creditor banks have taken control of Musicland, but
that's not confirmed anywhere I can find.


#52 of 53 by remmers on Thu Dec 22 18:58:15 2005:

French Parliament Votes to Allow Web File Sharing (Update1)
-----------------------------------------------------------

Dec. 22 (Bloomberg) -- The French Parliament voted last night to allow
free sharing of music and movies on the Internet, setting up a conflict
with both the French government and with media companies.

If the amendment survives, France would be the first country to legalize
so called peer-to-peer downloading, said Jean-Baptiste Soufron, legal
counsel to the Association of Audionautes, a French group that defends
people accused of improperly sharing music files.

(Full story at
http://www.bloomberg.com/apps/news?pid=10000085&sid=avOoTq8aXkU8)


#53 of 53 by twenex on Thu Dec 22 19:00:43 2005:

This is really weird, especially considering they recently voted (or were
going to vote) to outlaw open-source software. I don't particularly disagree
with this decision, but that doesn't mean they know what they're doing.


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