2005 Sony BMG CD copy protection scandal

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The 2005 Sony BMG CD copy protection scandal was a public scandal dealing with Sony BMG Music Entertainment's surreptitious distribution of rootkit software on audio compact discs.

As a copy protection measure, Sony BMG included the Extended Copy Protection (XCP) and MediaMax CD-3 software on music CDs. XCP was put on 52 albums[1] and MediaMax was put on 50 albums.[2] This software was automatically installed on desktop computers when customers tried to play the CDs. The software interferes with the normal way in which the Microsoft Windows operating system plays CDs, opens security holes that allow viruses to break in, and causes other problems. It is widely described as spyware.

As a result, a number of parties have filed lawsuits against Sony BMG; the company ended up recalling all the affected CDs; and greater public attention was drawn to the issue of commercially-backed spyware.

Contents

[edit] History & technical information

[edit] Background

In August, 2000, statements by Sony Pictures Entertainment US senior VP Steve Heckler foreshadowed the events of late 2005. Heckler told attendees at the Americas Conference on Information Systems "The industry will take whatever steps it needs to protect itself and protect its revenue streams...It will not lose that revenue stream, no matter what...Sony is going to take aggressive steps to stop this. We will develop technology that transcends the individual user. We will firewall Napster at source - we will block it at your cable company, we will block it at your phone company, we will block it at your [ISP]. We will firewall it at your PC...These strategies are being aggressively pursued because there is simply too much at stake."[3] BMG in Europe experienced a similar scandal in 2002 when CDs were sold with copy protection measures, but without any warning labels. They eventually were replaced by BMG,[4] but the label made clear intentions to continue copy-protection innovations.[5][6]

[edit] Sony BMG software issues

On 2005-10-31, Mark Russinovich posted to his blog a detailed description and technical analysis of the characteristics of the software contained on Sony BMG music CDs. Called "Sony, Rootkits and Digital Rights Management Gone Too Far,"the article asserts vocally that the software is illegitimate and that digital rights management had "gone too far."[7]


[edit] Security holes

Russinovich stated that there were shortcomings in the software design that manifest themselves as security holes that can be exploited by malicious software such as worms or viruses. He also mentioned that the XCP software installed silently before the EULA appeared, that the EULA does not mention the XCP software, and that there was no uninstaller, all of which are illegal in various ways in various jurisdictions. Several comments to the entry recommended a lawsuit against Sony BMG.

Ed Felten's Freedom to tinker blog featured an article by J. Alex Halderman discussing the SunnComm DRM also found on some Sony BMG CDs, which is very similar to the F4I software in that it installs without authorization or notification, and does not have an uninstaller.[8]

[edit] Resource drain

The article also asserts that the software runs in the background and consumes system resources, slowing down the user's computer, regardless of whether there is a protected CD playing or not.

[edit] Poor design

Russinovich presented evidence that the software employs unsafe procedures to start/stop the rootkit, which could lead to system crashes (the infamous BSoD) and that inexpert attempts to uninstall the software can lead to the Windows operating system failing to recognize existing drive(s). The Sony rootkit is designed to hide any files, registry keys and processes starting with the string $sys$, making it very easy for writers of worms and other malware to also hide their files by simply using the same name. Within weeks there were several trojans and worms taking advantage of this functionality in machines already compromised by the Sony rootkit.

Anti-virus firm F-Secure asserted, "Although the software isn't directly malicious, the used rootkit hiding techniques are exactly the same used by malicious software to hide themselves. The DRM software will cause many similar false alarms with all AV software that detect rootkits. ... Thus it is very inappropriate for commercial software to use these techniques."[9] After public pressure, Symantec[10] and other anti-virus vendors included detection for the rootkit in their products as well, and Microsoft announced it would include detection and removal capabilities in their security patches.[11]

[edit] Rootkit removal program

Sony BMG released a software utility to remove the rootkit component of XCP from affected Microsoft Windows computers, but this removal utility was soon analyzed by Russinovich again in his November 5, 2005, blog and revealed as only exacerbating the privacy and security concerns.[12]

In fact, the Sony BMG removal program merely unmasked the hidden files installed by the rootkit, but did not actually remove the rootkit. In addition, this program was reported to install additional software that cannot be uninstalled. In order to download the uninstaller, it is necessary to provide an e-mail address (which the Sony BMG Privacy Policy implies to be added to various bulk e-mail lists), and to install an ActiveX control containing backdoor methods (marked as "safe for scripting", and thus prone to exploits).[13]

On 2005-11-18, Sony BMG provided a "new and improved" removal tool to remove the rootkit component of XCP from affected Microsoft Windows computers.

Opponents of Sony BMG's actions, including Slashdot and Digg contributors, later accused Sony BMG of violating the privacy of its customers to create a backdoor onto their machine using code that itself violates an open-source license. They claimed that this DRM program, designed to give Sony BMG control over the customer's machine in the name of copyright protection, is itself infringing copyright by including code from the LAME MP3 library.[14] While LAME is licensed under the GNU LGPL, it appears to be statically linked so defaults to the GNU GPL, which would require the release of the complete source code for XCP.

[edit] Prevention

The XCP software can be prevented from installing in several ways. First of all, a user can refuse to purchase such copy-protected CDs. Second, it is possible to disable autorun so that the software will not run automatically (this can be done temporarily by holding the SHIFT key while inserting the CD, or permanently by modifying the Windows Registry). Putting a piece of opaque (to infrared) tape or some other light blocker on the portion of the CD where the executable is stored will also prevent the DRM from running.[15] An alternative is to use an operating system which the software does not automatically install itself on, such as Linux or Mac OS X, or running Windows under a restricted account instead of an administrator account, in which case the installation program will not have the sufficient rights to install the rootkit.

[edit] Legal and financial problems

[edit] Product recall

On 2005-11-15, vnunet.com announced that Sony BMG was backing out of its copy-protection software, recalling unsold CDs from all stores, and offering consumers to exchange their CDs with versions lacking the software. The Electronic Frontier Foundation compiled a partial list of CDs with XCP. Sony BMG was quoted as maintaining that "there were no security risks associated with the anti-piracy technology", despite numerous virus and malware reports. On 2005-11-16, US-CERT, part of the United States Department of Homeland Security, issued an advisory on XCP DRM. They said that XCP uses rootkit technology to hide certain files from the computer user, and that this technique is a security threat to computer users. They also said one of the uninstallation options provided by Sony BMG introduces further vulnerabilities to a system. US-CERT advised, "Do not install software from sources that you do not expect to contain software, such as an audio CD."[16]

Sony BMG announced that it had instructed retailers to remove any unsold music discs containing the software from their shelves.[17] It was estimated by internet expert Dan Kaminsky that XCP was in use on more than 500,000 networks. [18]

CDs with XCP technology can be identified by the letters "XCP" printed on the back cover of the jewel case for the CD.

On 2005-11-18, Reuters reported that Sony BMG would exchange affected insecure CDs for new unprotected disks as well as unprotected MP3 files.

Information about the swap can be found at the Sony BMG swap program website. As a part of the swap program, consumers can mail their XCP-protected CDs to Sony BMG and would be sent an unprotected disc via return mail.

On 2005-11-29 the New York Attorney General Eliot Spitzer found through his investigators that despite the recall of November 15 Sony BMG CDs with XCP were still for sale in New York City music retail outlets. Spitzer said "It is unacceptable that more than three weeks after this serious vulnerability was revealed, these same CDs are still on shelves, during the busiest shopping days of the year," "I strongly urge all retailers to heed the warnings issued about these products, pull them from distribution immediately, and ship them back to Sony."[19]

On 2005-11-30 Massachusetts Attorney General Tom Reilly issued a statement saying that Sony BMG CDs with XCP were still available in Boston despite the Sony BMG recall of November 15. Attorney General Reilly advised consumers not to purchase the Sony BMG CDs with XCP and said that he was conducting an investigation of Sony BMG.

As of 2006-01-26, Sony BMG's website offered consumers no reference to this issue and no way to locate Sony BMG's explanation or list of affected CD's.

As of 2006-05-11, Sony BMG's website offered consumers a link to "Class Action Settlement Information Regarding XCP And Mediamax Content Protection." It has online claim filing and links to software updates/uninstallers.

[edit] Legal situation

A number of parties have sued Sony BMG for their actions in distributing the infected CDs.

[edit] Texas state action

On 2005-11-21, the Texas Attorney General Greg Abbott sued Sony BMG. Texas is the first state in the United States to bring legal action against Sony BMG in this matter. The suit is also the first filed under the state’s 2005 spyware law. It alleges the company surreptitiously installed the spyware on millions of compact music discs (CDs) that consumers inserted into their computers when they play the CDs, which can compromise the systems.

On 2005-12-21 Abbott added new allegations to his lawsuit against Sony-BMG, regarding MediaMax. The new allegations claim that MediaMax violates the state's spyware and deceptive trade practices laws, because the MediaMax software is installed even if users decline the license agreement that would authorize its installation. Abbott said "We keep discovering additional methods Sony used to deceive Texas consumers who thought they were simply buying music," and "Thousands of Texans are now potential victims of this deceptive game Sony played with consumers for its own purposes." In addition to violations of the Consumer Protection Against Computer Spyware Act of 2005, which allows for civil penalties of $100,000 for each violation of the law, the alleged violations added in the updated lawsuit, on 2005-12-21, carry maximum penalties of $20,000 per violation.

[edit] New York and California class action suits

Class action suits have been filed against Sony BMG in New York and California.[20]

On 2005-12-30, the New York Times reported that Sony BMG has reached a tentative settlement of the lawsuits, proposing two ways of compensating consumers who have purchased the affected recordings.[21] According to the proposed settlement, those who purchased an XCP CD will be paid $7.50 per purchased recording and given the opportunity to download a free album, or be able to download three additional albums from a limited list of recordings if they give up their cash incentive. District Judge Naomi Reice Buchwald entered an order tentatively approving the settlement on 2006-01-06.

The settlement is designed to compensate those whose computers were infected, but not otherwise damaged. Those who have damages that are not addressed in the class action are able to opt out of the settlement and pursue their own litigation.

A fairness hearing was held on 2006-05-22 at 9:15 am at the Daniel Patrick Moynihan United States Courthouse for the Southern District of New York.

Claims must be submitted by 2006-12-31. Class members who wish to be excluded from the settlement must file before 2006-05-01. Those who remain in the settlement can attend the fairness hearing at their own expense and speak on their own behalf or be represented by an attorney.

[edit] Other actions

It was reported on 2005-12-24 that Florida Attorney General Charlie Crist is investigating Sony BMG spyware.[22]

In Italy, ALCEI (an association similar to EFF) also reported the rootkit to the Financial Police, asking for an investigation under various computer crime allegations, along with a technical analysis of the rootkit.[23] On November 21, EFF announced that they were also pursuing a lawsuit over both XCP and the SunnComm MediaMax DRM technology. On 2005-12-06 Sony-BMG said that 5.7 million of its CDs were shipped with SunnComm MediaMax that requires a new software patch to prevent a potential security breach in consumers' computers. The security vulnerability was discovered by EFF and brought to the attention of Sony BMG. The MediaMax Version 5 software was loaded on 27 Sony BMG titles. All these suits are regarding security threats and other damage to customer computers, not copyright issues in the code. The EFF lawsuit also involves issues concerning the Sony BMG end user license agreement.

Despite the numerous civil lawsuits that were spawned or threatened, the US Department of Justice (DOJ) refused to make any comment on whether it would take any criminal action against Sony. This despite the fact that the company seems to have violated several sections of Federal cybersecurity law. Instead, the DOJ initiated a new bill to Congress called The Intellectual Property Protection Act of 2005 that would formally criminalize the act of file sharing, thus showing support for Sony's efforts to protect its copyrights.

[edit] Copyright violation allegations

An anonymous Slashdot post noted that the rootkit includes code and comments (such as "copyright (c) Apple Computer, Inc. All Rights Reserved.") illegally copied from sections of the program VLC written by Jon Lech Johansen and Sam Hocevar, the former best known for being prosecuted in connection with DeCSS (which circumvents the DRM mechanism used on movie DVDs).

[edit] Company & press reports

National Public Radio reported on the scandal on 2005-11-04. Thomas Hesse, Sony BMG's Global Digital Business President, told the reporter, "Most people, I think, don't even know what a rootkit is, so why should they care about it?"

In a 2005-11-07 article, vnunet.com summarised Russinovich's findings, and urged consumers to avoid buying Sony BMG music CDs for the time being. The following day, The Boston Globe (boston.com) classified the software as spyware and Computer Associates' eTrust Security Management unit VP Steve Curry confirmed that it communicates personal information from consumers' computers to Sony BMG (namely the CD being played and the user's IP address).[24] The methods used by the software to avoid detection were likened to those used by data thieves.

The first virus which made use of Sony BMG's stealth technology to make malicious files invisible to both the user and anti-virus programs surfaced on 2005-11-10.[25] One day later Yahoo! News announced that Sony BMG had suspended further distribution of the controversial technology.

According to ZDNet News: "The latest risk is from an uninstaller program distributed by SunnComm Technologies, a company that provides copy protection on other Sony BMG releases." The uninstall program obeys commands sent to it allowing others "to take control of PCs where the uninstaller has been used."[26]

According to BBC News on 2005-11-14, Microsoft has decided to classify Sony BMG's software as "spyware" and provide tools for its removal. "Speaking about the suspension [Mark] Russinovich said: 'This is a step they should have taken immediately.'"[27]

[edit] See also

[edit] References

  1. ^ "CD’s Containing XCP Content Protection Technology", Sony/BMG web site, retrieved November 22, 2006.
  2. ^ "Anti-Piracy CD Problems Vex Sony", BBC News, retrieved November 22, 2006.
  3. ^ Anastasi, M. A. "Sony Exec: We Will Beat Napster," New Yorkers For Fair Use web site, August 17, 2000, retrieved November 13, 2006.
  4. ^ Smith, Tony. "BMG to replace anti-rip Natalie Imbruglia CDs," The Register, November 19, 2001, retrieved November 13, 2006.
  5. ^ Lettice, John. "'No more music CDs without copy protection,' claims BMG unit," The Register, November 6, 2002, retrieved November 13, 2006.
  6. ^ Lettice, John. "All CDs will be protected and you are a filthy pirate," The Register, November 21, 2002, retrieved November 13, 2006.
  7. ^ Russinovich, Mark. "Sony, Rootkits and Digital Rights Management Gone Too Far,", Mark's Blog, October 31, 2005, retrieved November 22, 2006.
  8. ^ Halderman, J. Alex. "Sony Shipping Spyware from SunnComm, Too", Freedom To Tinker, November 12, 2005, retrieved November 22, 2006.
  9. ^ Larvala, Samuli. "F-Secure Rootkit Information : XCP DRM Software", F-secure Computer Rootkit Information Pages, November 29, 2005, retrieved November 1, 2006.
  10. ^ "SecurityRisk.First4DRM", Symantec Security Response, November, 2005, retrieved November 22, 2006.
  11. ^ "Sony's DRM Rootkit: The Real Story", Shneier On Security, November 17, 2005, retrieved November 22, 2006.
  12. ^ "More on Sony: Dangerous Decloaking Patch, EULAs and Phoning Home", Mark's Blog, November 4, 2005, retrieved November 22, 2006.
  13. ^ Nikki, Matti. "Muzzy's research about Sony's XCP DRM system", December 6, 2005, retrieved November 22, 2006.
  14. ^ CMDR Taco "Sony Rootkit Allegedly Contains LGPL Software", Slashdot, November 15, 2005, retrieved November 22, 2006.
  15. ^ Sanders, Tom. "Gartner: piece of tape defeats any CD DRM", vnunet.com, November 21, 2005, retrieved November 22, 2006.
  16. ^ "First 4 Internet XCP DRM Vulnerabilities", US-CERT Activity Archive, November 15, 2005, retrieved November 22, 2006.
  17. ^ Taylor, Paul. "Sony BMG bows to pressure", Financial Times, November 17, 2005, retrieved November 22, 2006.
  18. ^ "More pain for Sony over CD code", BBC News, November 17, 2005, retrieved November 22, 2006.
  19. ^ Hesseldahl, Arik. " Spitzer Gets on Sony BMG's Case ", BusinessWeek Online, November 29, 2005, retrieved November 22, 2006.
  20. ^ "Sony sued over copy-protected CDs; Sony BMG is facing three lawsuits over its controversial anti-piracy software", BBC News, November 10, 2005, retrieved November 22, 2006.
  21. ^ "Sony BMG Tentatively Settles Suits on Spyware", Associated Press report in The New York Times, December 30, 2005, retrieved November 22, 2006. (Free web registration required to view content.)
  22. ^ "Crist's office joins Sony BMG spyware probe", St. Petersburg Times Online, December 24, 2005, retrieved November 22, 2006.
  23. ^ "Crist's office joins Sony BMG spyware probe", The Inquirer, November 7, 2005, retrieved November 22, 2006.
  24. ^ Bray, Hiawatha. "Security firm: Sony CDs secretly install spyware", The Boston Globe, November 8, 2005, retrieved November 22, 2006.
  25. ^ Sanders, Tom, and Thompson, Iain. "Virus writers exploit Sony DRM; Sony doomsday scenario becomes reality", vnunet.com, 2005-11-10, retrieved 2006-11-22.
  26. ^ Halderman, J. Alex "Not Again! Uninstaller for Other Sony DRM Also Opens Huge Security Hole", Freedom to Tinker, November 17, 2005, retrieved November 22, 2006.
  27. ^ "Microsoft to remove Sony CD code; Sony's controversial anti-piracy CD software has been labelled as spyware by Microsoft.", BBC News, November 14, 2005, retrieved November 22, 2006.

[edit] External links

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