Re: Sony, Rootkits and Digital Rights Management Gone Too Far

[Nick FitzGerald <nick () virus-l demon co uk>]

Jim Murray to Florian Weimer:

> > The really interesting question is if you can legally publish software
> > which removes such rootkits.  Even detection is a tricky subject.
>
> Why not? If they can publish software that installs the stuff, why
> shouldn't someone publish software that uninstalls it?

8-)

Couldn't agree more...

> If their DRM scheme is properly constructed removing the DRM will
> prevent playback of the protected material, thus eliminating any claim
> that you're trying to bypass the DRM system. If that isn't the case it
> can't really be considered DRM and removing it shouldn't be an issue!

Again, I agree.

Of course, that is not how the DMCA is written.  The DRM developer/ 
rights-holder/etc is not, under the DMCA, under any obligation to 
implement "good" or "sound" or "proper" DRM.  They basically just have 
to do _something_ they claim protects their rights.  It could be as 
trivial as XOR'ing the digital data stream with a fixed byte/word/dword 
and anyone who eye-balled the protected data and recognized the 
"obvious" pattern of the plaintext data with an XOR overlay would open 
themselves to prosecution (at least, if they ever uttered a description 
of this "protection").

> Any other interpretation seems to effectively give any 'rights holder'
> permission to install software on your system which you are then not
> permitted to remove - I'm no lawyer but I'd hope any sensible court
> would have sense enough to rule that unfairly biased and unenforceable.
>
> If we follow this path to it's ultimate conclusion - does re-installing
> an OS to remove such DRM systems become a crime too?

Well, that almost is the extent to which the DMCA has provided 
protection as requested (demanded) by the RIAA, MPAA, etc lobbiests.


Regards,

Nick FitzGerald

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