Wednesday, November 09, 2005

Sony's DRM - potential offences under the Computer Misuse Act?

An interesting development was reported by CNET today (do visit the link below). Sony was reportedly using a a copy protection technology that installs a DRM technology onto user's PCs. Apparently the mere listening of the CD music on the PC will launch the installation of the DRM software onto the PC without the permission of the owner.

It is reported that the software installs itself as a "root kit", which is a set of tools commonly used to make certain files and processes undetectable. Apparently root kits are considered by many as Trojan Horses. It was also reported that a Mr Mark Russinovich, who created a root-kit detection utility attempted to remove the DRM drivers discovered that the process actually broke his computer by disabling his CD drive.

Does two wrongs make a right? While it is wrong to rip music off a CD, the DRM technology which uses black hat technologies to covertly enter and install itself onto PCs makes out potential offences under the Singapore Computer Misuse Act (as well as the UK equivalent).

What about those who listen to the music on their PCs without ripping the CD? Their case against Sony is even morally stronger (I will post later what are the potential offences Sony faces under the CMA).

Interestingly as well, the fact that it damages the PC on removal - could also give rise to a separate civil cause of action for damage to property. I think if Sony does not rework their DRM software to only install on ripping process as well as provide effective and safe uninstall options, someone may eventually take out a private criminal prosecution as well as civil action for the damage to their PCs for this DRM technology.
DRM this, Sony! - CNET.com

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