The Sony BMG CD copy protection rootkit scandal concerns the copy protection measures included by Sony BMG on Compact Discs in 2005. Sony BMG included the Extended Copy Protection (XCP) and MediaMax CD-3 software on music CDs. XCP was put on 52 titles[1] and MediaMax was put on 50 titles.[2] This software was automatically installed on Windows 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 by installing a rootkit which creates vulnerabilities for other malware to exploit. This was discovered and publicly revealed by Mark Russinovich on the Sysinternals blog. Other operating systems were not affected.
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 and rootkits. Additionally, further investigation revealed that Sony had created its copyright protection software, in part, using LAME code, violating the GNU Lesser General Public License,[3] and VLC code written by Jon Lech Johansen and Sam Hocevar, violating the GNU General Public License.
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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."[4] BMG in Europe experienced a similar scandal in 2001 when Natalie Imbruglia's second album - White Lilies Island[5][6] - was sold with copy protection measures, but without any warning labels. They were eventually replaced by BMG,[5][6] but the company made clear intentions to continue copy-protection methods.[7] In the United States and Germany, Sony used copy protection on N' Sync's 2001 album Celebrity. The British version of the album was unprotected.[8] European promotional copies of Michael Jackson's 2001 single You Rock My World were also released with copy-protection.[9]
On October 31, 2005, 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 asserted emphatically that the software is illegitimate and that digital rights management had "gone too far".[10]
Russinovich stated that the rootkit software creates 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.
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.[11]
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.
Russinovich presented evidence that the software employs unsafe procedures to start/stop the rootkit, which could lead to system crashes (Blue Screen of Death) and that inexpert attempts to uninstall the software can lead to the Windows operating system failing to recognize an existing drive(s). The Sony rootkit is designed to hide any files, registry keys and processes whose name starts 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."[12] After public pressure, Symantec[13] 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.[14]
Sony BMG released a software utility to remove the rootkit component of XCP from affected Microsoft Windows computers,[15] but this removal utility was soon analyzed by Russinovich again in his blog and revealed as only exacerbating the privacy and security concerns.[16]
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).[17]
On November 18, 2005, 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 Free software 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.[3]
On November 15, 2005 vnunet.com announced[18] 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.[19] 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 November 16, 2005, 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."[20]
Sony BMG announced that it had instructed retailers to remove any unsold music discs containing the software from their shelves.[21] It was estimated by internet security expert Dan Kaminsky that XCP was in use on more than 500,000 networks.[22]
CDs with XCP technology can be identified by the letters "XCP" printed on the back cover of the jewel case for the CD according to SonyBMG's XCP FAQ.[23]
On November 18, 2005 Reuters reported that Sony BMG would exchange affected insecure CDs for new unprotected disks as well as unprotected MP3 files.[24]
Information about the swap can be found at the Sony BMG swap program website.[25] 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 November 29 then 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, [and] I strongly urge all retailers to heed the warnings issued about these products, pull them from distribution immediately, and ship them back to Sony."[26]
The next day, 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.[27] 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 May 11, 2006 Sony BMG's website offered consumers a link to "Class Action Settlement Information Regarding XCP And MediaMax Content Protection."[28] It has online claim filing and links to software updates/uninstallers. The deadline for submitting a claim was June 30, 2007.
As of April 2, 2008 Sony BMG's website finally offered consumers their explanation and list of affected CDs.[29]
On November 21, 2005, Texas Attorney General Greg Abbott sued Sony BMG.[30] Texas was the first state in the United States to bring legal action against Sony BMG in response to the rootkit. The suit was also the first filed under the state’s 2005 spyware law. It alleged that 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 December 21, 2005, Abbott added new allegations to his lawsuit against Sony-BMG, regarding MediaMax.[31] The new allegations claimed that MediaMax violated the state's spyware and deceptive trade practices laws, because the MediaMax software would be installed on a computer even if the user declined the license agreement that would authorize its installation. Abbott stated, "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 allowed for civil penalties of $100,000 for each violation of the law, the alleged violations added in the updated lawsuit (on December 21, 2005) carried maximum penalties of $20,000 per violation.[32][33]
Class action suits have been filed against Sony BMG in New York and California.[34]
On December 30, 2005, 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.[35] 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 January 6, 2006.
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 May 22, 2006 at 9:15 am at the Daniel Patrick Moynihan United States Courthouse for the Southern District of New York.
Claims had to be submitted by December 31, 2006. Class members who wished to be excluded from the settlement must have filed before May 1, 2006. Those who remained in the settlement could attend the fairness hearing at their own expense and speak on their own behalf or be represented by an attorney.
It was reported on December 24, 2005 that then-Florida Attorney General Charlie Crist was investigating Sony BMG spyware.[36]
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.[37] On November 21, EFF announced that they were also pursuing a lawsuit over both XCP and the SunnComm MediaMax DRM technology. On December 6, 2005 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. The US Department of Justice (DOJ) made no comment on whether it would take any criminal action against Sony. However Sony did receive a public admonishment from Stewart Baker of the Department of Homeland Security, who in a speech at a Chamber of Commerce event made the statement, "it's your intellectual property — it's not your computer".[38]
On January 30, 2007, the U.S. Federal Trade Commission (FTC) announced a settlement with Sony BMG on charges that their CD copy protection had violated Federal Law. The settlement requires Sony BMG to reimburse consumers up to $150 to repair damage that resulted directly from their attempts to remove the software installed without their consent. The settlement also requires them to provide clear and prominent disclosure on the packaging of future CDs of any limits on copying or restrictions on the use of playback devices, and bars the company from installing content protection software without obtaining consumers’ authorization.[39] FTC chairwoman Deborah Platt Majoras added that, "Installations of secret software that create security risks are intrusive and unlawful. Consumers' computers belong to them, and companies must adequately disclose unexpected limitations on the customer use of their products so consumers can make informed decisions regarding whether to purchase and install that content."[40]
NPR was one of the first to report on the scandal on November 4, 2005.[41] Thomas Hesse, Sony BMG's Global Digital Business President, told reporter Neda Ulaby, "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
In a November 7, 2005 article, vnunet.com summarised Russinovich's findings,[42] and urged consumers to avoid buying Sony BMG music CDs for the time being. The following day, The Boston Globe 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).[43] 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 November 10, 2005.[44] 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."[45]
On November 8, 2005, Computer Associates decided to classify Sony BMG's software as "spyware" and provide tools for its removal.[46] Speaking about Sony BMG suspending the use of XCP, independent researcher Mark Russinovich said, "This is a step they should have taken immediately."[47]
Sony BMG in Australia released a press release indicating that no Sony BMG titles manufactured in Australia have copy protection.[48]