(If there is already a thread on this, I apologize, but I did a search and found nothing outside of the Pit)
The linked articles are concerning Sony’s two latest attempts to “protect” content on their CDs and DVDs. The First one has to do with an application that Sony has applied for a patent in Japan that would (from the article) “lock copies of software and media to a particular playback unit”.
The second concerns the “Rootkit Incident,” where CDs from Sony, when put into computers, installed programs on the hard drive that cannot be removed or detected by any spyware/virus detectors. These programs compiled a list of all mp3s on the computer and will not let the users load the music onto said computer (from a CD that they legally purchased).
What I’m looking for is this: Does Sony have legal and/or moral authority to do this? I was under the impression that once someone purchased a CD or DVD he/she owned it and therefore could use it in any way he/she wished (except for selling and/or illegally distributing copies of the content, in other words, let’s assume that there is no online file sharing or boot legging going on). Also, do you think that people will stand for this? Or is Sony just shooting itself in the foot?
And lastly, lest I seem to be harping too much on Sony specifically, are there others doing this?
My limited knowledge tells me the only ramifications of action #1 that you describe are that Sony may take a hit in the marketplace, if the notion turns consumers off.
As for #2, under American copyright law, fair use says you can make one copy of a sound recording for your own use. Of course, preventing you from making a computer copy does not in and of itself prevent you from making your fair use copy of the CD some other way, so that one is probably legal as well.
As far as #2, I’m not sure. There are certain laws against malicious software, which this is, and knowingly spreading it. If anyone will apply it to Sony is beyond me.
Legally, I suspect a Sony Lawyer will point to an ultra-tiny EULA on the package, and claim that a user gave consent by breaking open the wrapping or somesuch.