ZDNet executve editor: forget Sony’s DRM ‘rootkit,’ we should be angry with Microsoft and Apple

“Sony’s rootkit, as bad as it was, isn’t the real story. The way the entertainment cartel is applying DRM as a whole is the real story. They’re applying DRM in a way that the Sony fiasco was inevitable. This wasn’t the first time lack of DRM interoperability manifested itself in the end-user experience in an ugly way, and it won’t be the last. Sure, the rest of the entertainment industry is rewriting its DRM playbook to keep from repeating Sony’s history. But rest assured, another DRM-inspired trainwreck will come along that will light the grapevine ablaze and some other content company will end up with egg on its face when, in reality, it’s Microsoft and Apple that we should really be angry with; two companies that are driving incompatible DRM technologies into the marketplace in a way that twists the royal (or should that be ‘royalty’) screws into the world,” David Berlind writes for ZDNet.

“And, it’s only going to get worse. Unbeknownst to most people, what started with music (let’s just say audio) already applies to video and it’s not going to stop there. Video that’s wrapped in Microsoft’s DRM has been in the market for quite some time already. The fact that video has been added to Apple’s iPods and that FairPlay-protected video will be sold through Apple’s iTunes Music Store (IMS) only adds insult to injury. Just like with music purchased at the IMS, the video you buy at the IMS can only be played back where Apple lets you play it back. This is different from the old days where you could buy a DVD knowing that you could play it in any DVD player,” Berlind writes.

Full article here.

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Nonsense. Berlind writes, “This wasn’t the first time lack of DRM interoperability manifested itself in the end-user experience in an ugly way, and it won’t be the last.” Too bad it wasn’t “lack of DRM interoperability” that was the problem with Sony. The problem was installing a rootkit that opened security holes and phoned home each time a user played a song.

We should blame Microsoft and Apple? Well, one out of two ain’t bad. Apple has the de facto standard for online legal music DRM, FairPlay or protected AAC, with over 700 million (estimated) songs sold to date and a firm grip on 80% of the market. Why does Microsoft insist on trying and failing to propagate their proprietary DRM (as proprietary as Apple, granted, but without being the de facto standard) scheme on the world? It is Microsoft that’s responsible for the incompatibilities. Remember that Apple’s iTunes is free and works for both Mac and Windows, unlike all of Microsoft-based online music stores which are incompatible with Macs.

Apple will eventually license FairPlay to others, thus ensuring that Apple’s DRM becomes to unquestioned standard. But, the time is not now. It’s too early and there is no reason why Apple should hurt themselves for no economic benefit. Let the others try to compete with the iTunes+iPod juggernaut. After they fail, Apple can begin licensing what they’ve worked so hard to build wholly on their terms. If they miraculously begin to succeed, Apple would license FairPlay, too. It’s a timing issue more than anything.

To sum up, without some form of DRM, there would be no legal content online. The content providers demand it. Users should be angry with Sony for going too far and Mac users should be wondering why Microsoft can’t seem to make their DRM compatible with Macs, if they and their WMA-based online music store partners want to compete so badly.

We see Sony addressing the XCP malware-style ‘root kit’ issue for Windows users, but we see no mention of Sony’s other SunnComm-laced CDs that can install kernel extensions on Mac OS X which is what prompted our boycott of all Sony products in the first place. This is highly troubling, to put it mildly. Therefore, MacDailyNews and iPodDailyNews are continuing to boycott all Sony products until this and other “copy-protected CD” issues are addressed appropriately by Sony and recommend that our 2.2+ million unique visitors per month from 136 countries worldwide do the same.

Related articles:
Texas sues Sony BMG for ‘spyware’ on CDs – November 21, 2005
Fingernail-sized piece of opaque tape defeats Sony BMG CD copy-protection DRM scheme – November 21, 2005
Retailers report Sony BMG, EMI copy-protected CDs turning off music buyers – November 20, 2005
Sony Boycott continues: Sony recalls XCP-tainted music discs, offers Red Book compliant CD exchanges – November 17, 2005
Sony BMG infected music CDs could be good for consumer rights – November 16, 2005
Microsoft to remove Sony BMG malware – November 15, 2005
Sony BMG infected music CDs could lead Sony into ‘big-league legal trouble’ – November 15, 2005
EFF publishes open letter to Sony-BMG calling for recall of all infected Sony-BMG CDs – November 15, 2005
Boycott Sony – November 14, 2005
Sony BMG ‘temporarily suspends’ production of music CDs with copy-protection scheme – November 11, 2005
Boycott Sony products: Sony music CDs can install kernel extensions on Mac OS X – November 10, 2005
Computer security firm: ‘Stinx’ virus hides within Sony’s copy protection scheme – November 10, 2005
Sony sued over copy-protected CDs – November 10, 2005
SonyBMG antics may well cause public to turn on them and turn many people onto Apple Macs – November 06, 2005
Report: Sony copy-protected CDs may hide Windows rootkit vulnerability – November 01, 2005
Analyst: Sony BMG’s boycott of Apple’s iTunes Music Store Australia won’t last long – October 24, 2005
Apple launches iTunes Music Store Australia – October 24, 2005
How to beat Apple iPod-incompatible Sony BMG and EMI copy-protected CDs – October 04, 2005
Japan music labels look to impose ‘iPod Tax’ while Sony, Warner still not signing with Apple iTunes – October 10, 2005
Why aren’t Sony, BMG, Warner, Victor making their artists’ music available on Apple’s iTunes Japan? – October 06, 2005
Sony and Warner holding out on Apple iTunes Music Store Australia – September 08, 2005
Musicians stage mutiny against Sony, defiantly offer music via Apple’s iTunes Music Store – August 10, 2005
Sony BMG and EMI try to force Apple to ‘open’ iPod with iPod-incompatible CDs – June 20, 2005
New Sony BMG copy-protected CDs lock out Apple iPod owners – June 01, 2005
Record company causes Apple to hit ‘pause’ on Australian iTunes Music Store – May 05, 2005

67 Comments

  1. Mike,
    “a) iTunes files are everywhere, by the markets own demand, no need to license”

    -Um, actually if iTunes files are everywhere, it will be that much more important to license FairPlay. Think beyond the iPod and you’ll begin to understand.

    John H,
    “Letting others piggy back this effort and make money off of it would be just silly on Apples part. “

    – Um, I don’t think anyone is suggesting Apple license FairPlay for free.

    John,
    “Apple is not driving DRM the recording industry is along with the DRM laws passed by congress because there getting paid by the recording industry. This story is so full of FUD. Does this guy work for Sony BMG or get paid under the table.”

    – Unfortunately, claiming that the article is full of FUD does not make the points any less truthful.

    Mac4Life,
    “The Solution is simple, don’t use iTunes, don’t buy iPod and don’t use a Mac. Wait for something or someone to come up with the perfect solution for your online music and hardware needs.
    In the mean time I will enjoy my iTunes and my iPod….”

    – I’m glad that your needs are so easily satisfied. For the rest of us that actually try to “think different,” the solution is always so simple.

  2. re: “Just to be clear, I’m sure most of us mac users are honorable (wink, wink).

    I meant ALL people in the above post.”

    I sure hope so, for the sake of the world. All I know is that I have never downloaded a song without paying for it, and have never had an occasion to download a movie, but it would be the same.

  3. While Sony deserves everything coming to them regarding the rootkit fiasco … what is amazing is that while there is an uproar directed at Sony, there is no fury directed at Microsoft … especially given that they have created vulnerabilities for the past few YEARS.

  4. Wow! Blaming someone else for their crappy work? How long did their DRM hackware take their consultants to create? 15 minutes? I’m going to go work for ZDNet! Seems to be very low expectations from the ZDNet readers and editors (if they even have them anymore).

    No one is to blame but Sony. No one forced them into creating obvious malware. Come up with a better DRM, hardware, software, store selection of content and Apple will be out in the cold.

  5. When I found this post, it thought the author would talk about Sony’s Root Kit when really, the author had a bone to pick with apple and microsoft and decided that the sony issue would be a good platform to share it – think again!!!!

  6. Actually ‘Less is More’, it made perfect sense.

    It would seem to make more sense for ‘stores’ and manufacturers to add ‘value’ to their products and services at the point shoplifters began to steal more than ‘security’ were easily managing.

    Perhaps if:
    – shoplifters were actually punished – and publically displayed
    – value was added to products and services*
    – or prices were lowered for the same products and services
    – ‘customers’ were LESS inconvenienced
    – ‘customers’ were actually valued, and treated accordingly

    But you and I know that that will NEVER happen. Seems like too many folks want to get rich, or die tryin’.
    ” width=”19″ height=”19″ alt=”wink” style=”border:0;” />

    Freedom says, “I need to make a lifetime worth of income in a single month, so I can sit on my ass doing nothing for the remaining sixty years of my life. Screaming out orders to my slaves, while I fret over either the coronary that I’m working on, theft from my ’employees’, or protecting myself from the bastards who are going to get me and take all my stuff.”

    Thom says, “Hey man, slow down, slow down. Idiot, slow down, slow down.”

    [In American English: “Dumbass, you’re going to be here for a long time anyway. Why not enjoy what you’ve got.]


    * Adding value:
    – putting a video on the CD to promote sales
    – lowering CD price, like you said you would
    – free fries with purchase of a sandwich and drink
    – wash the bird crap off your car with the purchase of new tires
    – $2 drink and $2 popcorn to promote return movie patrons
    – full service gas stations, for the SAME price!

    Remember, we all work for our money. Why do I have to work for six hours to pay for 1 of yours? (Ford service!) I’ll either go to the guy who charges 3 to 4 hours mine – plus the exact same disdainful attitude, or the another guy who charges 6 and gives my wife a bunch of flowers, a Starbuck’s and a newpaper. And doesn’t talk down to her.

    FSCK! You know what you’re getting. My money. What am I getting? Your Shite?

    Anyway, sorry for the rant. I feel better now. BTW, my MW is – no kidding – ‘soviet’.

  7. 1: Artists should get compensation for their work and making people happy with their creations.

    2: Customers shouldn’t steal from artists if a suitable form of compensation is available.

    3: Artists shouldn’t sign contracts with record companies because they hold a monoploly on distribution outlets especially if the labels have a record of screwing customers and artists over. (Sony & Warner especially)

    4: Artists should sell their music online first before signing to a label and then the label should not have total control of all the artist’s distribution methods.

  8. The problem isn’t DRM, Apple or Microsoft (well, I’m not sure about Microsoft). The problem is that the entertainment industry charge WAY too much for downloadable stuff that they’ve already made money on bu issuing it in other formats.

    What do they have to do for downloadable files that’s above and beyond what they’ve already done for the other formats? Nothing as far as I can see. The charge should be darn close to that. There’s no physical product. They don’t have to manufacture anything.

    Now, anything new that’s introduced in a downloadable format is another story and a fair amount should be charged for it. And most of that money should go to the artists involved. After all, what does the entertailnment industry do besides just passing it on? If they do some actual work on it, fine, they should be compensated. But beyond that, forget it.

  9. re: “What do they have to do for downloadable files that’s above and beyond what they’ve already done for the other formats? Nothing as far as I can see. The charge should be darn close to that. There’s no physical product. They don’t have to manufacture anything.”

    So who decides what that price should be? You? Me?

    The correct answer is both of us, and all of us in the market. The worth of a product is what someone will pay for it. That is what keeps good products on the market for a long time, and causes bad products to die a quick justified death, because someone, (all of us) choose not to pay what the bad product costs to produce, or even to distribute.

    I certainly don’t want some government entity to do that, and that always seems to be some peoples pat answer.

    The most recent highly visible test of that theory was the Soviet Union, and we know how that is working

    It will take them 100 years more as a primitive society to recover and learn how to use basic economics. The fact that things now appear worse than before there is because they are still a medieval society who believes that you engineer society and culture by force, whether economic or military , or playground, for that matter.

    Let the market decide the pricing. It always does, whether we choose to find ways to cover that fact up, often by government edict.

    Happy Thanksgiving , and while I am at it, Merry Christmas.

  10. To Jack A. – How to tell if you have the Sony Root Kit and how to remove it.

    Currently I know of no publicly available tools for the Mac to find and remove a root kit; they just haven’t been a problem for Macs until now. If you believe that your system has been comprised by the Sony root kit – in other words you installed the Sony software for Mac – the only prudent course of action would be format the hard drive and reinstall OS-X.

    Not knowing how the Sony root kit works I would assume the worst, that it allows a backdoor with administrative privileges compromising system security. I also would suspect that it phones home reporting what music you play and how often you play it – information Sony’s marketing arm would be interest in. If it’s like a number of other poorly written root kits it could cause conflicts with other applications resulting in system or application stability issues.

  11. Look, the music you buy is not owned by you. In most cases it is not even owned by the music’s creators. In most cases it belongs to the labels, the pimps that the musicians, singers and song writers signed with in order to get recorded.

    As the owners, the contract holders, the labels are responsible for protecting their assets. If there is a problem with the arrangements the labels made to protect their assets, take it up with the labels.

    Don’t blame Apple, Microsoft or the music creators. Blame the labels. Sony went too far and they were blamed for their screwup and rightly so. If Apple’s or Microsoft’s DRM is pissing you off it is the Label’s fault because they demanded the DRM and they approved the way the DRM worked and how it was deployed.

    The writer doesn’t know shit from Shineola.

  12. @Less is More: “Currently I know of no publicly available tools for the Mac to find and remove a root kit”

    Then you haven’t been reading your MacDevCenter:

    “There are few rootkits tailored for BSD (the codebase underlying OS X) and none specifically for the Macintosh. Talk of Macintosh rootkits is less credible than Elvis sightings …

    … Rootkit Hunter runs on OS X”

    http://www.macdevcenter.com/pub/a/mac/2005/10/07/mac-security.html

  13. To Reality Check
    As has been mentioned once in this thread, there is a big difference between an operating syste (which is a tool that one chooses to use or not use) and a DRM which is attached to the digital media one might legally purchase, a DRM which has no other use than to control one’s use of that product (at best – the Sony ‘solution’ approaches ‘at worst’ levels).

    You are trying to compare apples and maggots. Unless you’re talking about taste, there isn’t any basis or reason.

  14. You’ve got to be kidding me…”Microsoft wants to sell it’s own DRM, but it’s proprietary, so it’s bad. Apple’s is too, but there’s so much of it out there, it’s the defacto standard”. How far up your arse is your head? Lets try reversing the roles and replacing the word DRM with Operating System. Bloody zealot…

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