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  3. Sonys EULA in a human readable form

Sonys EULA in a human readable form

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  • H Offline
    H Offline
    Harald Krause
    wrote on last edited by
    #1

    This could also be Soapbox material, however I post it here: From http://www.eff.org/deeplinks/archives/004145.php[^] If you thought XCP "rootkit" copy-protection on Sony-BMG CDs was bad, perhaps you'd better read the 3,000 word (!) end-user license agreement (aka "EULA") that comes with all these CDs. First, a baseline. When you buy a regular CD, you own it. You do not "license" it. You own it outright. You're allowed to do anything with it you like, so long as you don't violate one of the exclusive rights reserved to the copyright owner. So you can play the CD at your next dinner party (copyright owners get no rights over private performances), you can loan it to a friend (thanks to the "first sale" doctrine), or make a copy for use on your iPod (thanks to "fair use"). Every use that falls outside the limited exclusive rights of the copyright owner belongs to you, the owner of the CD. Now compare that baseline with the world according to the Sony-BMG EULA, which applies to any digital copies you make of the music on the CD: 1. If your house gets burgled, you have to delete all your music from your laptop when you get home. That's because the EULA says that your rights to any copies terminate as soon as you no longer possess the original CD. 2. You can't keep your music on any computers at work. The EULA only gives you the right to put copies on a "personal home computer system owned by you." 3. If you move out of the country, you have to delete all your music. The EULA specifically forbids "export" outside the country where you reside. 4. You must install any and all updates, or else lose the music on your computer. The EULA immediately terminates if you fail to install any update. No more holding out on those hobble-ware downgrades masquerading as updates. 5. Sony-BMG can install and use backdoors in the copy protection software or media player to "enforce their rights" against you, at any time, without notice. And Sony-BMG disclaims any liability if this "self help" crashes your computer, exposes you to security risks, or any other harm. 6. The EULA says Sony-BMG will never be liable to you for more than $5.00. That's right, no matter what happens, you can't even get back what you paid for the CD. 7. If you file for bankruptcy, you have to delete all the music on your computer. Serio

    N C S 3 Replies Last reply
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    • H Harald Krause

      This could also be Soapbox material, however I post it here: From http://www.eff.org/deeplinks/archives/004145.php[^] If you thought XCP "rootkit" copy-protection on Sony-BMG CDs was bad, perhaps you'd better read the 3,000 word (!) end-user license agreement (aka "EULA") that comes with all these CDs. First, a baseline. When you buy a regular CD, you own it. You do not "license" it. You own it outright. You're allowed to do anything with it you like, so long as you don't violate one of the exclusive rights reserved to the copyright owner. So you can play the CD at your next dinner party (copyright owners get no rights over private performances), you can loan it to a friend (thanks to the "first sale" doctrine), or make a copy for use on your iPod (thanks to "fair use"). Every use that falls outside the limited exclusive rights of the copyright owner belongs to you, the owner of the CD. Now compare that baseline with the world according to the Sony-BMG EULA, which applies to any digital copies you make of the music on the CD: 1. If your house gets burgled, you have to delete all your music from your laptop when you get home. That's because the EULA says that your rights to any copies terminate as soon as you no longer possess the original CD. 2. You can't keep your music on any computers at work. The EULA only gives you the right to put copies on a "personal home computer system owned by you." 3. If you move out of the country, you have to delete all your music. The EULA specifically forbids "export" outside the country where you reside. 4. You must install any and all updates, or else lose the music on your computer. The EULA immediately terminates if you fail to install any update. No more holding out on those hobble-ware downgrades masquerading as updates. 5. Sony-BMG can install and use backdoors in the copy protection software or media player to "enforce their rights" against you, at any time, without notice. And Sony-BMG disclaims any liability if this "self help" crashes your computer, exposes you to security risks, or any other harm. 6. The EULA says Sony-BMG will never be liable to you for more than $5.00. That's right, no matter what happens, you can't even get back what you paid for the CD. 7. If you file for bankruptcy, you have to delete all the music on your computer. Serio

      N Offline
      N Offline
      Nish Nishant
      wrote on last edited by
      #2

      Sony is fast turning into a bad word of sorts, eh?

      K L 2 Replies Last reply
      0
      • N Nish Nishant

        Sony is fast turning into a bad word of sorts, eh?

        K Offline
        K Offline
        krism42
        wrote on last edited by
        #3

        Oh yeah? Well.. SONY YOU, TOO, BUB. ;P

        N 1 Reply Last reply
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        • K krism42

          Oh yeah? Well.. SONY YOU, TOO, BUB. ;P

          N Offline
          N Offline
          Nish Nishant
          wrote on last edited by
          #4

          krism42 wrote:

          Oh yeah? Well.. SONY YOU, TOO, BUB.

          :-D "Teacher, I hit him in the nose because he called me a sony"

          1 Reply Last reply
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          • N Nish Nishant

            Sony is fast turning into a bad word of sorts, eh?

            L Offline
            L Offline
            Lost User
            wrote on last edited by
            #5

            Pity my poor wife - she works for Sony UK support and is dreading Monday! (she has been off this week). Her specialty is PC related issues too... uh oh ... :(


            The Rob Blog
            Google Talk: robert.caldecott

            C P 2 Replies Last reply
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            • L Lost User

              Pity my poor wife - she works for Sony UK support and is dreading Monday! (she has been off this week). Her specialty is PC related issues too... uh oh ... :(


              The Rob Blog
              Google Talk: robert.caldecott

              C Offline
              C Offline
              Colin Angus Mackay
              wrote on last edited by
              #6

              Time for a change?


              My: Blog | Photos "Man who stand on hill with mouth open will wait long time for roast duck to drop in." -- Confucious

              1 Reply Last reply
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              • L Lost User

                Pity my poor wife - she works for Sony UK support and is dreading Monday! (she has been off this week). Her specialty is PC related issues too... uh oh ... :(


                The Rob Blog
                Google Talk: robert.caldecott

                P Offline
                P Offline
                peterchen
                wrote on last edited by
                #7

                She could start giving "creative" advice.... :cool:


                Pandoras Gift #44: Hope. The one that keeps you on suffering.
                aber.. "Wie gesagt, der Scheiss is' Therapie"
                boost your code || Fold With Us! || sighist | doxygen

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                • H Harald Krause

                  This could also be Soapbox material, however I post it here: From http://www.eff.org/deeplinks/archives/004145.php[^] If you thought XCP "rootkit" copy-protection on Sony-BMG CDs was bad, perhaps you'd better read the 3,000 word (!) end-user license agreement (aka "EULA") that comes with all these CDs. First, a baseline. When you buy a regular CD, you own it. You do not "license" it. You own it outright. You're allowed to do anything with it you like, so long as you don't violate one of the exclusive rights reserved to the copyright owner. So you can play the CD at your next dinner party (copyright owners get no rights over private performances), you can loan it to a friend (thanks to the "first sale" doctrine), or make a copy for use on your iPod (thanks to "fair use"). Every use that falls outside the limited exclusive rights of the copyright owner belongs to you, the owner of the CD. Now compare that baseline with the world according to the Sony-BMG EULA, which applies to any digital copies you make of the music on the CD: 1. If your house gets burgled, you have to delete all your music from your laptop when you get home. That's because the EULA says that your rights to any copies terminate as soon as you no longer possess the original CD. 2. You can't keep your music on any computers at work. The EULA only gives you the right to put copies on a "personal home computer system owned by you." 3. If you move out of the country, you have to delete all your music. The EULA specifically forbids "export" outside the country where you reside. 4. You must install any and all updates, or else lose the music on your computer. The EULA immediately terminates if you fail to install any update. No more holding out on those hobble-ware downgrades masquerading as updates. 5. Sony-BMG can install and use backdoors in the copy protection software or media player to "enforce their rights" against you, at any time, without notice. And Sony-BMG disclaims any liability if this "self help" crashes your computer, exposes you to security risks, or any other harm. 6. The EULA says Sony-BMG will never be liable to you for more than $5.00. That's right, no matter what happens, you can't even get back what you paid for the CD. 7. If you file for bankruptcy, you have to delete all the music on your computer. Serio

                  C Offline
                  C Offline
                  charlieg
                  wrote on last edited by
                  #8

                  As soon as I read about the Sony root kit, my first thought was, "Damn, I wish I was a lawyer." Well, the first class action lawsuit has already been filed in the state of California. Sony just FU'd big time. You'd think they'd know better with all their lawyers. How many people read a EULA when they buy a music CD? Next question: if I have antivirus s/w running on my machine, should it not detect the attempted installation of the root kit? chg C. Gilley Will program for food... My son's PDA is an M249 SAW.

                  S 1 Reply Last reply
                  0
                  • C charlieg

                    As soon as I read about the Sony root kit, my first thought was, "Damn, I wish I was a lawyer." Well, the first class action lawsuit has already been filed in the state of California. Sony just FU'd big time. You'd think they'd know better with all their lawyers. How many people read a EULA when they buy a music CD? Next question: if I have antivirus s/w running on my machine, should it not detect the attempted installation of the root kit? chg C. Gilley Will program for food... My son's PDA is an M249 SAW.

                    S Offline
                    S Offline
                    Steve Mayfield
                    wrote on last edited by
                    #9

                    last I read, the AV companies are still trying to decide if they should include it in their scanners. Steve

                    C 1 Reply Last reply
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                    • H Harald Krause

                      This could also be Soapbox material, however I post it here: From http://www.eff.org/deeplinks/archives/004145.php[^] If you thought XCP "rootkit" copy-protection on Sony-BMG CDs was bad, perhaps you'd better read the 3,000 word (!) end-user license agreement (aka "EULA") that comes with all these CDs. First, a baseline. When you buy a regular CD, you own it. You do not "license" it. You own it outright. You're allowed to do anything with it you like, so long as you don't violate one of the exclusive rights reserved to the copyright owner. So you can play the CD at your next dinner party (copyright owners get no rights over private performances), you can loan it to a friend (thanks to the "first sale" doctrine), or make a copy for use on your iPod (thanks to "fair use"). Every use that falls outside the limited exclusive rights of the copyright owner belongs to you, the owner of the CD. Now compare that baseline with the world according to the Sony-BMG EULA, which applies to any digital copies you make of the music on the CD: 1. If your house gets burgled, you have to delete all your music from your laptop when you get home. That's because the EULA says that your rights to any copies terminate as soon as you no longer possess the original CD. 2. You can't keep your music on any computers at work. The EULA only gives you the right to put copies on a "personal home computer system owned by you." 3. If you move out of the country, you have to delete all your music. The EULA specifically forbids "export" outside the country where you reside. 4. You must install any and all updates, or else lose the music on your computer. The EULA immediately terminates if you fail to install any update. No more holding out on those hobble-ware downgrades masquerading as updates. 5. Sony-BMG can install and use backdoors in the copy protection software or media player to "enforce their rights" against you, at any time, without notice. And Sony-BMG disclaims any liability if this "self help" crashes your computer, exposes you to security risks, or any other harm. 6. The EULA says Sony-BMG will never be liable to you for more than $5.00. That's right, no matter what happens, you can't even get back what you paid for the CD. 7. If you file for bankruptcy, you have to delete all the music on your computer. Serio

                      S Offline
                      S Offline
                      Steve Mayfield
                      wrote on last edited by
                      #10

                      I'm sure that the MPAA and Book publishers are watching this closely...to see if they can get away with a "license to view" and a "license to read" Steve

                      1 Reply Last reply
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                      • S Steve Mayfield

                        last I read, the AV companies are still trying to decide if they should include it in their scanners. Steve

                        C Offline
                        C Offline
                        charlieg
                        wrote on last edited by
                        #11

                        Your answer terrifies me. I want to know when someone is modifying my operating system. I make my $$ off of a functioning computer. It's a development laptop. If I drop in a music CD that I bought, and it toasts my OS, there is a serious problem. I don't expect a music CD to install s/w.... no one would. I read an article last night where a spyware company is being sued by a monitoring company for detecting their product on a 3rd party system. We're going whacko here - notice that no one is even interested in the end user? C. Gilley Will program for food... My son's PDA is an M249 SAW.

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