Several of Sony Music's latest CDs have been programmed to load stealth software onto your computer's drive. This software was designed to prevent illegal copying of your CD. Now that they've been caught, Sony is distributing a software patch that will reveal the location of the stealth files.
The controversy started Monday after Windows expert Mark Russinovich posted a Web log report on how he found hidden files on his PC after playing a Van Zant CD. He also said it disabled his CD drive after he tried to manually remove it.
Russinovich made the discovery while running a program he had written for uncovering file-cloaking RootKits. In this case, the Sony program hid the antipiracy software from view. Similar technology also has been used by virus and worm writers to conceal their code.
A firestorm quickly erupted over what appeared to be an attempt by the music company to retain control over its intellectual property by secretly installing hidden software on the PCs of unsuspecting customers.
Making matters worse, Sony did not disclose exactly what it was doing in its license agreement, Russinovich said. It only mentions that proprietary software to enable copy protection would be installed. The software affects only PCs running the Windows operating system.
This is so stupid for so many reasons. Did Sony really think that no one would discover what they had done? Did they really have no cognizance of the bad PR this would generate? They simply assumed that all of their own customers are potential thieves. Not exactly a corporate strategy designed to endear your company's products to consumers.
Of course, the stealth software affects only those who actually purchased a Sony CD and does not impinge on P2P music file-sharing in the least. Still, Sony says that it plans to add the software to future CD releases. Sony apparently thinks it owns its customers' PCs.
Sony is also implicating itself in potentially humungous legal liability if any virus-writers exploit the hidden files to attack PCs previously invaded by Sony's stealth software. Another source of legal liability is that a non-expert computer user who attempts to remove the software can cripple his own computer. The geniuses at Sony who thought up this childish scheme should be fired.
I doubt that Sony's attempt to install hidden software will be the last. Other corporations will try this again with more sophisticated stealth software. If you want to protect the personal information stored on your computer, this would be a good time to buy a Mac.
Michael Geist of the University of Ottawa suggests that current Canadian privacy laws may be inadequate to prevent this sort of corporate spying and that relevant laws should therefore be reformed.
See also this and this.