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story category More on Sony DRM Gone Bad
EULA, phoning home, uninstaller
(old news - 10:28AM Monday Nov 07 2005)
tags: security · privacy · software
Last week the folks over at the SysInterals blog caused a stir when they discovered that new DRM being used by Sony Music used rootkits to hide itself, in turn opening the door to malicious malware. Before the week had ended, Sony issued a half-hearted patch for the copy protection, which was already being exploited by cheating gamers in World of Warcraft. The folks at SysInternals have since offered more detail exploring the DRM's EULA, phone home tendencies, and uninstaller. They also offer a defense from the DRM's makers, First 4 Internet.

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cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
·Verizon FIOS

The best part...

...is pointed out in the front page /. write up. If you rename your ripping program so that it starts with $sys$, the DRM crap can't detect it. So you essentially circumvent their DRM software by using their DRM software.
--
"What gives them the right to come in and do this?" she said. - Lady complaining that she was getting FIOS in her backyard.

TK Junk Mail
Go ahead, make my day
Premium
join:2002-03-03
Margate City, NJ
clubs:
·Comcast


edit:
November 7th, @10:59AM

Re: The best part...

said by cdru See Profile :

...is pointed out in the front page /. write up. If you rename your ripping program so that it starts with $sys$, the DRM crap can't detect it. So you essentially circumvent their DRM software by using their DRM software.
That is so funny. Their own program making copying easier instead of stopping it.

And on another note the PATCH Sony provided is now causing crashes on some PC's: »www.techworld.com/security/news/···sID=4733
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WaxPhoto
I AM SAM
Premium
join:2004-04-08
Roanoke, IN

Thats been retracted: »games.slashdot.org/comments.pl?c···&tid=233
--
To see what is in front of one's nose needs a constant struggle. -George Orwell

Jason Levine
Premium
join:2001-07-13
Albany, NY


edit:
November 7th, @11:26AM

Hmmm.... The DMCA forbids technology that can be used to bypass copyright protection measures. Sony's DRM software can be used to bypass copyright protection measures (Sony's DRM software). Does this mean that Sony's DRM is illegal via the DMCA?

EDIT: Looks like the "DRM used to bypass itself" has been retracted. Oh well, it was nice while it lasted to think of DRM making itself illegal under the DMCA.

--
-Jason Levine
My Gallery | Jason's Toolbox | PCQandA.com | URateit.com

loadmaster

join:2001-01-10
San Jose, CA
»www.theinquirer.net/?article=27508

Keep em coming!
gatzdon

join:2002-10-25
Lake Zurich, IL

edit:
November 7th, @11:00AM

List of CD's

Anyone know where there is a list of CD's employing this crap. I would like to hit all the review sites for those discs and add a comment with a link to the blog.

bentman78
Bentley

join:2004-04-16
Arlington, VA

Re: List of CD's

I do here....
* Arista Records
* BMG Classics
* BMG Heritage
* BMG International Companies
* Columbia Records
* Epic Records
* J Records
* Jive Records
* LaFace Records
* Legacy Recordings
* Provident Music Group
* RCA Records
* RCA Victor Group
* RLG - Nashville
* Sony Classical
* Sony Music International
* Sony Music Nashville
* Sony Wonder
* Sony Urban Music
* So So Def Records
* Verity Record

stet
Volitar Prime

join:2002-03-08
Warren, MI


edit:
November 7th, @10:53AM

Re: List of CD's

Is there a list somewhere of actual CDs (not just a list of record labels) that have this on it?

I buy a lot of CDs, and have no idea of any of them that I've purchased have this.
--
I am of the stars.
I am called "Forever".
Eternity courses through my veins.

Cheese
Premium
join:2003-10-26
Naples, FL
clubs:

Re: List of CD's

said by stet See Profile :

Is there a list somewhere of actual CDs (not just a list of record labels) that have this on it?

I buy a lot of CDs, and have no idea of any of them that I've purchased have this.
Unless they are very recent, most likely not included on the disk.

stet
Volitar Prime

join:2002-03-08
Warren, MI

Re: List of CD's

I buy recent CDs too. I even plan on buying a new release tomorrow.

I've yet to be able to find a list of CDs that have this. I even find it hard to find mention of any specific CD that has this. Is it like some big secret or something?
--
I am of the stars.
I am called "Forever".
Eternity courses through my veins.

Cheese
Premium
join:2003-10-26
Naples, FL
clubs:

Re: List of CD's

said by stet See Profile :

I buy recent CDs too. I even plan on buying a new release tomorrow.

I've yet to be able to find a list of CDs that have this. I even find it hard to find mention of any specific CD that has this. Is it like some big secret or something?
Don't believe it's a secret, just most likely no one has compiled a list yet. If someone has, I don't know of any links, anyone out there with a list yet?

SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

I think Philips already put the hammer down on anybody using that little CD trademark on any compact disk with DRM. If you don't see that CD label anywhere on the album then it's almost a sure bet there's some copy protection on that CD. Maybe not this current one from Sony, but DRM nonetheless.

stet
Volitar Prime

join:2002-03-08
Warren, MI

Re: List of CD's

A lot of CDs that have multi-media content also don't have the official CD logo, so that's not really a good indicator.
--
I am of the stars.
I am called "Forever".
Eternity courses through my veins.

SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

Re: List of CD's

Only other thing I can think of is research the CD you're about to buy. I know a number of web searches came up with some juicy DRM info when I was checking a few months ago. There are enough "activists" out there who will post what kind of copy protection a CD will have (or any other interesting things).
gatzdon

join:2002-10-25
Lake Zurich, IL

I was hoping for a list of specific CD titles so I can add a review for each and every one linking to the Blog and a small summary of the vulnaribilities it instroduces to the computer.
--
$100 placed at 7 percent interest compounded quarterlyfor 200 years will increase to more than $100,000,000 --by which time it will be worth nothing.- Lazarus Long

ag1010

join:2001-06-11
Kenosha, WI

Trey Anastasio, Shine (Columbia)
Celine Dion, On ne Change Pas (Epic)
Neil Diamond, 12 Songs (Columbia)
Our Lady Peace, Healthy in Paranoid Times (Columbia)
Chris Botti, To Love Again (Columbia)
Van Zant, Get Right with the Man (Columbia)
Switchfoot, Nothing is Sound (Columbia)
The Coral, The Invisible Invasion (Columbia)
Acceptance, Phantoms (Columbia)
Susie Suh, Susie Suh (Epic)
Amerie, Touch (Columbia)
Life of Agony, Broken Valley (Epic)
Horace Silver Quintet, Silver's Blue (Epic Legacy)
Gerry Mulligan, Jeru (Columbia Legacy)
Dexter Gordon, Manhattan Symphonie (Columbia Legacy)
The Bad Plus, Suspicious Activity (Columbia)
The Dead 60s, The Dead 60s (Epic)
Dion, The Essential Dion (Columbia Legacy)
Natasha Bedingfield, Unwritten (Epic)
Ricky Martin, Life (Columbia) (labeled as XCP, but, oddly, our disc had no protection)

Cheese
Premium
join:2003-10-26
Naples, FL
clubs:


edit:
November 10th, @10:28AM

said by gatzdon See Profile :

Anyone know where there is a list of CD's employing this crap. I would like to hit all the review sites for those discs and add a comment with a link to the blog.
FOund this today, hope this helps somewhat.

Trey Anastasio - Shine
Celine Dion - On ne Change Pas
Neil Diamond - 12 Songs
Our Lady Peace - Healthy in Paranoid Times
Chris Botti - To Love Again
Van Zant - Get Right with the Man
Switchfoot - Nothing is Sound
The Coral - The Invisible Invasion
Acceptance - Phantoms
Susie Suh - Susie Suh
Amerie - Touch
Life of Agony - Broken Valley
Horace Silver Quintet - Silver's Blue
Gerry Mulligan - Jeru
Dexter Gordon - Manhattan Symphonie
The Bad Plus - Suspicious Activity
The Dead 60s - The Dead 60s
Dion - The Essential Dion
Natasha Bedingfield - Unwritten
Ricky Martin - Life

Edit: To late, someone else got it already.

WaxPhoto
I AM SAM
Premium
join:2004-04-08
Roanoke, IN

Pot meet kettle

BBR constantly lambastes press coverage of file sharing issues for framing the discussion in the context of "piracy." So whats with the "exploited by cheating gamers???" Not wanting Warden to spy on you doesn't make you a cheater!

That said, I don't know why anyone would install one kind of crapware to partially disable another...
--
To see what is in front of one's nose needs a constant struggle. -George Orwell

cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
·Verizon FIOS

Re: Pot meet kettle

said by WaxPhoto See Profile :

BBR constantly lambastes press coverage of file sharing issues for framing the discussion in the context of "piracy." So whats with the "exploited by cheating gamers???" Not wanting Warden to spy on you doesn't make you a cheater!
I don't think BBR was meaning how you took it. I think they are taking the angle that already people have taken advantage of the software's presence to further their own purposes, not that with which it was software was intended. It's kind of like one bot taking over another bot's network.

It probably was a unfair generalization that users would use this DRM flaw to hide game cheats from Warden...I bet though I could count on 1 hand the number of users that have done this to hide something from Warden and were NOT cheating.

But I do agree that not wanting Warden spying on you doesn't make you a cheater.
--
"What gives them the right to come in and do this?" she said. - Lady complaining that she was getting FIOS in her backyard.

Cheese
Premium
join:2003-10-26
Naples, FL
clubs:

Re: Pot meet kettle

said by cdru See Profile :

said by WaxPhoto See Profile :

BBR constantly lambastes press coverage of file sharing issues for framing the discussion in the context of "piracy." So whats with the "exploited by cheating gamers???" Not wanting Warden to spy on you doesn't make you a cheater!
I don't think BBR was meaning how you took it. I think they are taking the angle that already people have taken advantage of the software's presence to further their own purposes, not that with which it was software was intended. It's kind of like one bot taking over another bot's network.

It probably was a unfair generalization that users would use this DRM flaw to hide game cheats from Warden...I bet though I could count on 1 hand the number of users that have done this to hide something from Warden and were NOT cheating.

But I do agree that not wanting Warden spying on you doesn't make you a cheater.
If the program is designed to stop cheaters, and you don't want this program to scan your PC, then you are hiding something as far as I am concerned. If there is nothing to hide then there shouldn't be an issue with scanning the system.

Brian Peppers

@sympatico.ca

Re: Pot meet kettle

Blizzard might steal your porn though!

Cheese
Premium
join:2003-10-26
Naples, FL
clubs:

Re: Pot meet kettle

said by Brian Peppers :

Blizzard might steal your porn though!
EEP! Now we don't need that do we! ;):p:D

mrchris
No more bailouts
Premium
join:2002-10-01
North Babylon, NY
·Optimum Online


edit:
November 7th, @12:38PM

said by Brian Peppers :

Blizzard might steal your porn though!
They sure don't wanna see the porn I have! LOL

bigunk
Gort, Klattu Birada Nikto

join:2001-02-10
Santa Clarita, CA
·AT&T Yahoo

Good statement, but you're wrong.

On my PC's, I hide everything I can, and restrict access to most everything else. Why? My personal information is nobody's business except for those I choose to give it to. A program that installs and operates in a stealth manner and reports to entities who have no right to my information is a big deal.

So yes, I am hiding something. I have a right to do it, too.
--
Televideo ergo sum.....I watch TV, therefore I am.

WaxPhoto
I AM SAM
Premium
join:2004-04-08
Roanoke, IN

Re: Pot meet kettle

said by bigunk See Profile :

Good statement, but you're wrong.

On my PC's, I hide everything I can, and restrict access to most everything else. Why? My personal information is nobody's business except for those I choose to give it to. A program that installs and operates in a stealth manner and reports to entities who have no right to my information is a big deal.

So yes, I am hiding something. I have a right to do it, too.
^^What he said^^
--
To see what is in front of one's nose needs a constant struggle. -George Orwell
AquaBlaze
Premium
join:2004-02-02
Encino, CA

said by bigunk See Profile :

On my PC's, I hide everything I can, and restrict access to most everything else. Why? My personal information is nobody's business except for those I choose to give it to. A program that installs and operates in a stealth manner and reports to entities who have no right to my information is a big deal.

So yes, I am hiding something. I have a right to do it, too.
And you have every right to hide all you want. What you don't have a right to do though, is enter a contract in which you agree to allow scanning, and then contest your contract after agreeing. It's a part & part package of the software, and demanding that to have your cake & eat it too won't get you anywhere.

If you don't want to be scanned, don't use scanning apps...just that simple. Nobody is forcing you to use the software(s) in question.

bigunk
Gort, Klattu Birada Nikto

join:2001-02-10
Santa Clarita, CA
·AT&T Yahoo

Re: Pot meet kettle

Fair enough. Now please show me, right off the CD or DVD packaging, or in a EULA from the media itself, that states the company, by virtue of my installing the software, has the right to scan all areas of my PC. If they reserve this right, then it had better be very clearly defined in said EULA. If they do not clearly state it, then they had better stop scanning. Sorry, but I don't use products from entities that grant themselves the right to information I deem private. This has nothing to do cheating at a game. It has everything to do with my privacy.
--
Televideo ergo sum.....I watch TV, therefore I am.
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: Pot meet kettle

said by bigunk See Profile :

Now please show me, right off the CD or DVD packaging, or in a EULA from the media itself, that states the company, by virtue of my installing the software, has the right to scan all areas of my PC.
For WoW, that EULA shows up prior to installation, after installation, and after patching, that details that they may have access to memory-resident program access. It even then says if you disagree, to uninstall, and return to point-of-purchase. The EULA also might be addressed in writing in the manual too (in fact I'm sure it is).

For most other software, the EULA is also avaliable in both the instruction manual(s) and agreed to before installation. I have seldom seen commercial software that doesn't have it listed.

"Clearly defined" however, is in the eye of the beholder. Apparantly however, these EULA stipulations are currently "clearly defined" in a court of law, at least until someone successfully challenges it. I'm sure if anyone, the EFF would love to jump on a case where software activities haven't been outlined in their EULA...but I haven't heard of such actions in a while now.

bigunk
Gort, Klattu Birada Nikto

join:2001-02-10
Santa Clarita, CA
·AT&T Yahoo

Re: Pot meet kettle

OK then. I'll simply say that if it is clear, then you install at your peril. If they use legalese to hide their intentions, it falls under the deception category in my book. Sorry, but if they need to twist words that way to implant spyware on my machine, there is something wrong with the way they do business.
--
Televideo ergo sum.....I watch TV, therefore I am.
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: Pot meet kettle

said by bigunk See Profile :

I'll simply say that if it is clear, then you install at your peril. If they use legalese to hide their intentions, it falls under the deception category in my book.
I dunno. The use of Warden to me has been clear as a WoW player. It's not disguised in "legalese" as in so much as, "my inherant ADD makes me not want to read so many words," kinda thing. It's in there, but Blizzard (like many companies) has so much legally-required crap to put in their EULA, it gets lost to all but those of us which actually read their agreements.

tsu

join:2001-08-17
Wheeling, IL

Re: Pot meet kettle

It's even publicly available:

»www.worldofwarcraft.com/legal/

Terms of Use:

E. In order to assist Blizzard Entertainment to police users who may use "hacks," or "cheats" to gain an advantage over other players, you acknowledge that Blizzard Entertainment shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, and storage devices. This information will only be used for the purpose of identifying "cheaters," and for no other reason.

Warden doesn't function much differently than anti-virus software. The primary difference is in alerting Blizzard if your machine is using a "cheat" program in conjunction with the game. Same basic methodology that Punkbuster, Cheating-Death, and Valve Anti-Cheat have been using for years.

3-D

@69.15.x.x

Is the EULA available during the course of the sale in a store? If not, then it's not a valid contract. This is part of contract of sale laws according to discussions I've had with friends that are lawyers or law students. You MUST have the opportunity to negotiate the terms or at least read the contract. If I walk to the store, and see this product on the shelf as my method of finding out about it, I have no way to read, negotiate, or even ACCEPT this contract before exchange of money.

From all I've read, this constitutes an invalid contract, since all you agreed to with your money was what was presented before the sale: i.e. pretty pictures and promise of gameplay in exchange for the sale cost plus a monthly fee.

Reasonably, how can anybody expect anything more of you as a consumer, eh? What if car manufacturers tried this? Would people tolerate it? How about the real estate industry?

"Oh hey, now that you've moved in under one contract you've already paid forand agreed to, we're putting this other totally different contract in place that you have no choice but to accept. Of course, it's totally slanted towards us, and your only alternative is to move out of your house/return the car. At a 15% 'restocking fee', of course."

Somehow, I can't see that flying. Why should software, music cds, or any other widget be any different?

I speak against it with my dollar that they don't receive. I've not purchased a Sony DRMd product or Blizzard game for years now (ever since the bnetd incident, in Blizzard's case). How about you?
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: Pot meet kettle

said by 3-D :

Is the EULA available during the course of the sale in a store? If not, then it's not a valid contract. This is part of contract of sale laws according to discussions I've had with friends that are lawyers or law students. You MUST have the opportunity to negotiate the terms or at least read the contract. If I walk to the store, and see this product on the shelf as my method of finding out about it, I have no way to read, negotiate, or even ACCEPT this contract before exchange of money.
If this is true, then why hasn't any lawyer done a class-action assault against big names (ie. Microsoft) for big money for undisclosure? For such a "clear and cut case", it doesn't make sense if nobody's snatched this "guaranteed win" of a case.

said by 3-D :

"Oh hey, now that you've moved in under one contract you've already paid forand agreed to, we're putting this other totally different contract in place that you have no choice but to accept. Of course, it's totally slanted towards us, and your only alternative is to move out of your house/return the car. At a 15% 'restocking fee', of course."
There is no restocking fee involved. You've returned the product in terms with what was specified, and you get your money back. Should you find yourself at a retail chain that's unwilling to cooperate, you either:

A.) Communicate with the software retailer. (explain that you don't agree to EULA, and store will not take back)
B.) Dispute charges with your credit card company.

Again, this would be interesting casework if it were to escalate from that. However, seeing as how software EULAs have been around since I can remember in computing, and I have yet to see a successful contestment to such...I'd say they're here to stay, and valid.

said by 3-D :

I speak against it with my dollar that they don't receive. I've not purchased a Sony DRMd product or Blizzard game for years now (ever since the bnetd incident, in Blizzard's case). How about you?
I personally haven't found too much from the major music labels worth buying, and I'm currently a vivid WoW player. I have no qualms about buying Blizzard products, however, I am hesitant about buying RIAA-endorsed products. Such is my decision, and my right as a consumer.
VirtualLarry
Premium
join:2003-08-01

Re: Pot meet kettle

said by AquaBlaze See Profile :

If this is true, then why hasn't any lawyer done a class-action assault against big names (ie. Microsoft) for big money for undisclosure?
There was a woman in Cali that sued, based on the fact that many of these contracts weren't disclosed until after buying and opening the box. I'm not sure of the outcome, I think that they paid her off to settle, because the big publishers were afraid of losing the case.

said by AquaBlaze See Profile :

There is no restocking fee involved. You've returned the product in terms with what was specified, and you get your money back. Should you find yourself at a retail chain that's unwilling to cooperate, you either:

A.) Communicate with the software retailer. (explain that you don't agree to EULA, and store will not take back)
B.) Dispute charges with your credit card company.
I don't understand why you would even think that those would be necessary, if you belive that the EULA is wholly and completely binding.

Of course the truth is, it's NOT binding, certainly not on 3rd-parties. A hidden shrink-wrap EULA cannot be binding on individual store's sales policies, especially since those stores are not a material party to the contract. Most EULAs are written carefully with regards to the "refund clause", and state IF possible (a very big if) in regards to returning the software to the place of purchase for a refund. You see, attempting to say that one could, unequivocably, return the software for a refund, would be an attempt to bind a third-party (the store), to the terms of the EULA (which purports to be between the publisher and the end-user, and which could be considered fraudulent, and thus another means for voiding the EULA as a contract, and the publishers don't want to risk that happening.

What SHOULD happen, in the case of software purchases, is that the store REFUSES TO SELL those software goods, without an explicitly-signed EULA agreement by the purchaser, after reading over and agreeing to it with the store, with the store acting as the SALES AGENT for the software publisher, rather than a simple RESELLER of SKUs. That would in fact make the store a binding party to the EULA, and give it validity as a sales contract.

But no store or publisher has wished to "do things correctly", because it would be a slight hassle to both retail sellers and retail purchasers of shrink-wrapped software goods. It would also give retail stores quite a bit of power and leeway, acting as sales agents for the publisher. Yet a real signed software purchase agreement and contract of that sort is the NORM for custom-written software.
VirtualLarry
Premium
join:2003-08-01

said by 3-D :

Is the EULA available during the course of the sale in a store? If not, then it's not a valid contract. This is part of contract of sale laws according to discussions I've had with friends that are lawyers or law students. You MUST have the opportunity to negotiate the terms or at least read the contract. If I walk to the store, and see this product on the shelf as my method of finding out about it, I have no way to read, negotiate, or even ACCEPT this contract before exchange of money.

From all I've read, this constitutes an invalid contract, since all you agreed to with your money was what was presented before the sale: i.e. pretty pictures and promise of gameplay in exchange for the sale cost plus a monthly fee.
Wow, someone with clue. An increasingly-rare occurance these days. Fact: Most shrink-wrap adhesion "contracts" violate basic contract-law principles, such as the "Meeting of the minds" - a chance to REVIEW and NEGOTIATE the contract, BEFORE the SALE. Note that an actual SALE of goods, transfers certain rights to the purchaser, including the rights of USE, even of copyrighted works, and the attempt to impose a further contract (of adhesion), at the point of installation of said software onto the computer, without those terms being disclosed and negotiated at the point of sale / as part of the software copy purchase contract itself, would generally be considered invalid under contract law. Note that purchasing a genuinely-made and sold copy of a copyrighted work, also grants an implied license to that work under basic copyright law, so you don't need to willingly assent to an otherwise invalid after-the-purchase EULA "contract" in order for your purchased software to be legally licensed, as per the law itself. No matter what the publisher says - copyright law does NOT grant the publisher carte blanche to re-write copyright law as they see fit via after-the-fact EULA adhesion contracts. Insufficiently-versed lower courts may not have enough of a clue about the truth of copyright law, or may not be willing to challenge the commercial status-quo of the marketplace enough to agree with this, sadly. "The System" is often complicit in violating the legal rights (under copyright law itself!) of the purchaser of software goods.

However, the fact that online gaming, and online services in general: 1) Ask you to agree to the EULA while online, requring assent to access their services, and 2) require assent as a condition of providing continued online services, may give them a much stronger legal footing than in the case of require non-online shrink-wrapped software good purchases.

etr

@swbell.ne

Re: Pot meet kettle

Fact: Most shrink-wrap adhesion "contracts" violate basic contract-law principles, such as the "Meeting of the minds" - a chance to REVIEW and NEGOTIATE the contract, BEFORE the SALE. Note that an actual SALE of goods, transfers certain rights to the purchaser, including the rights of USE, even of copyrighted works, and the attempt to impose a further contract (of adhesion), at the point of installation of said software onto the computer, without those terms being disclosed and negotiated at the point of sale / as part of the software copy purchase contract itself, would generally be considered invalid under contract law.
This all makes sense, but where they don't do so already, the media companies can probably get around this issue by including a small-print sentence saying that use of the product is subject to a EULA that is enclosed in the box and available at a given URL or mailing address.

To my own rather ignorant (in legal matters, at least) mind, the role of the retailer seems to be the most interesting. What gives the retailer the right to broker these licenses, and what power do they have in negotiating with the buyer? If the retailer doesn't own a license (under copyright or otherwise), how can they charge me money for a copyrighted work? If the retailer has a license under EULA, what prevents that retailer from selling me the goods outside of the EULA? (Of course, if people didn't get to use software after buying from a retailer, they wouldn't buy there. Likewise, if a retailer started selling software under copyright, the publisher would stop dealing with that retailer.)

These aren't idle questions. They cut to the heart of what the retailer can and can't give you. For example, if the retailer has the right to negotiate the license, what would happen if you bought while wearing an EULA amendment T-shirt? Or, better yet, what if you paid with a check with the URL of a EULA amendment? In both cases, I'd picture an amendment that states that it takes precedence over any shrink-wrap or click-through EULA, strikes any restrictions on the user aside from those established by copyright law, and establishes a friendly state as the jurisdiction for any contract dispute.

The clearest way for the publisher to get around this is for it to have a contract with the retailer spelling out exactly what the retailer is allowed to do. If the retailer grants terms its contract with the publisher forbids, the publisher sends the end user to the retailer to have him or her make amends. (In more concrete terms, if you buy something from a fence to learn that it is stolen, you have to surrender the property to the owner without charge. To get your money back, you have to go after the fence.)

Of course, you could get cute and have a third party buy your software for you under contract requiring that they do so only when they can get the EULA amendment in effect. In the event of a dispute, you'd still have to surrender the license directly to the publisher, but the publisher would have to surrender your money directly to you. (After all, the fact that they received money through a proxy does not change the fact that they have money that belongs to you if the contract is not valid. Your proxy does not impinge on your rights any more than the retailer does the publisher's.)

Of course, this would lead publishers toward a direct sales model, in which case you'd probably have zero recourse to negotiate. (The publishers would only accept payment methods that would not allow for attached terms, and the agreeement-on-a-T-shirt trick wouldn't work for someone ordering over the web.) In short, we'd eventually wind up back where we are now.

Of course, this scenario would still be a pain for publishers playing the OEM game...

BronsCon

join:2003-10-24
Cleveland, OH

Re: Pot meet kettle

In response to the above unregistered user:

WTF?

PBX Tech
Theory of a Deadman on XM 48 Squizz
Premium
join:2000-09-20
Norwich, CT

said by WaxPhoto See Profile :
Not wanting Warden to spy on you doesn't make you a cheater!

That said, I don't know why anyone would install one kind of crapware to partially disable another...
Exactly. Why put crap-app #2 on your computer to keep crap-app #1 from spying on you? I'm doing nothing wrong to warrant crap-app #1 to tattle on me.

It may have to be with being paranoid. 'I don't want anyone watching me, therefore I will install everything/anything to prevent it.'
AquaBlaze
Premium
join:2004-02-02
Encino, CA

said by WaxPhoto See Profile :

BBR constantly lambastes press coverage of file sharing issues for framing the discussion in the context of "piracy." So whats with the "exploited by cheating gamers???" Not wanting Warden to spy on you doesn't make you a cheater!
So...are you going to now go and rename every .exe w/ $sys$, to prevent Warden from seeing them? How far would you like to go in that exercise?

If you have a problem with Warden...don't use the product.

WaxPhoto
I AM SAM
Premium
join:2004-04-08
Roanoke, IN

Re: Pot meet kettle

I don't have or play WoW, just making a point.
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: Pot meet kettle

said by WaxPhoto See Profile :

I don't have or play WoW, just making a point.
Which I don't quite get. People who play WoW have agreed to Blizzard's terms, which incorporates use of Warden for anti-cheating measures. If folks are honestly that concerned over potential privacy leakage, then they shouldn't use a product.

If you don't like the terms to an agreement, don't agree to them.

WaxPhoto
I AM SAM
Premium
join:2004-04-08
Roanoke, IN

Re: Pot meet kettle

»Re: Pot meet kettle

Its a stupid way to stop malicious software (warden), but it doesn't deserve the automatic "cheater" label.
--
To see what is in front of one's nose needs a constant struggle. -George Orwell
AquaBlaze
Premium
join:2004-02-02
Encino, CA

Re: Pot meet kettle

said by WaxPhoto See Profile :

Its a stupid way to stop malicious software (warden), but it doesn't deserve the automatic "cheater" label.
I agree that most scanning/pre-emptive hack prevention software are not without their flaws, but it is the route Blizzard has chosen. My desire to play their game is more than my concern they may do something illicit with the data gathered...and so I play.

Plus, I wasn't insta-labeling people who contest "warden" or other anti-cheat devices out there "cheaters". There is a privacy issue at hand...but I see waaay too many people who feel they should tell Blizzard what to do. This is capitalism, after all, and if Warden honestly offended enough of the gameplaying populace as to affect their sales...you better belive Blizzard would drop it like a hot potato in order to recruit more subscribers.

As it is right now, it is a very hot game, and there are more than enough people willing to put up with Warden to enjoy the game experience. At the very least, Blizzard has detailed their actions, and hasn't lied about its intentions with the software...there haven't been any "surprizes". Contrast this with your average ad/spy/malware agency (who claim their program doesn't do anything, they swear!) and I'd say Blizzard is participating in fair business practices.

Cheese
Premium
join:2003-10-26
Naples, FL
clubs:

said by AquaBlaze See Profile :

said by WaxPhoto See Profile :

I don't have or play WoW, just making a point.
Which I don't quite get. People who play WoW have agreed to Blizzard's terms, which incorporates use of Warden for anti-cheating measures. If folks are honestly that concerned over potential privacy leakage, then they shouldn't use a product.

If you don't like the terms to an agreement, don't agree to them.
My point exactly, it's there for a reason, you agree when you install the software to the terms and them scanning for said cheats or what not. If there is an issue with this do not install the software.

PBX Tech
Theory of a Deadman on XM 48 Squizz
Premium
join:2000-09-20
Norwich, CT

i dont care if its for any kind of program you may be running, game or otherwise. you should not be put into a position to share personal information on your pc with a stealthy scanning crap-app that calls home to mama that you didnt intend the game or program to access. companies should not be allowed access to your entire file structure just because you want to use their product.
but windows users run windows update, dont they.

See 7 replies to this post

IIIBradIII
Comm M-E-L Instr

join:2000-09-28
Greer, SC

The ultimate hypocrisy

This one has really pissed me off. Here I am, trying to be an honest joe - buying CDs, buying tracks off buymusic.com, etc - and this is the thanks I get? Give me a break Sony!

Just last week I bought a new track from buymusic that won't play on anything (can't retrieve its license). Tried on 3 different computers, two different networks - nothing. And will they do anything? Nope!

And now Sony decides to hack my PC when I insert the next CD I buy from them? I've had it.
--
»www.FS2004.com Remember, there are old pilots and there are bold pilots, but there are no old bold pilots.

fegul
Premium
join:2004-08-23
united state

Getting punished for going legit

I've already had to remove this crap off machines, and let me tell you, its a PITA. I'm just absolutely astounded that they would screw with your system for buying the product! Instead of preventing copy protection, it encourages piracy.
--
|Networking Help|My Blog|

anonpronman

@69.183.x.x

Re: Getting punished for going legit

I get my music from Usenet. If i like something i buy it. If i don't like something it gets deleted.

I'm using Linux so i don't get the option to use Itunes or the other Monthly Programs.

The Monopoly has a firm hold doesn't anyone understand or see this?
Do you CAre? You should