damn the muse

For once my state is doing something decent. Texas believes that Sony BMG violated the state's anti-spyware law when it included technology on cds meant to prevent consumers from ripping their music into mp3s or transfering the files onto their iPOD.

Without asking users, the CD automatically installed the copy-protection program when discs were loaded into a PC — a necessary step for transferring music to iPods and other portable music players.

Attorney General Greg Abbott accused Sony BMG of surreptitiously installing "spyware" in the form of files that mask other files Sony installed as part of XCP.

This "cloaking" component can leave computers vulnerable to viruses and other security problems, Abbott said, echoing the findings of computer security researchers.

"People buy these CDs to listen to music," Abbott said. "What they don't bargain for is the consumer invasion that is unleashed by Sony BMG."

Security researchers say XCP is spyware because it secretly transmits details about what music the PC is playing. Manual attempts to remove the software, which works only on Windows PCs, can disable the PC's optical drive.

Sony executives have rejected the description of their technology as spyware. A spokesman for the New York-based label did not immediately return a telephone call seeking comment on Abbott's lawsuit.

Sony BMG initially rejected the uproar over XCP as technobabble.

But after security experts discovered that XCP opened gaping security holes in users' computers — as did the method Sony BMG offered for removing XCP — Sony BMG agreed last week to recall the discs.

Some 4.7 million had been made and 2.1 million sold. CDs that had XCP included releases by Van Zant, The Bad Plus, Neil Diamond and Celine Dion.

Honestly, I expected a class action lawsuit brought by consumers. Now that a state is involved, well this brings more exposure to the whole fiasco. Hopfully consumers will realize that they do not have to buy into DRM (digital rights management) schemes.