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General discussion

Sony and Anitvirus Companies, not collution, fear of DMCA

Nov 17, 2005 11:45AM PST

I think that the real issue with Antivirus companies not doing anything about the Sony rootkit is fear of lawsuits over DMCA. There have been several people sued and even jailed for breaking DMCA. Removing the rootkits, especially automtically like a good antivirus program should do, would seem to be a clear violation of DMCA. Sony will not sue at this point because of public opinion, but I think that this is a legal grey area and they could still sue if they were holding the line on the rootkit. An under reported issue is what the DMCA really means to all of this. Potentially it would still be illegal to remove the rootkit, if Sony wasn't make an uninstall avilable (their bad uninstall, not withstanding.)

Discussion is locked

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Suits have happened with spyware companies
Nov 17, 2005 12:57PM PST

Spyware companies have sued companies that declare their software spyware. I don't think any have won, but it is possible.

Also it is important enough that Microsoft was pushing a bill to provide immunity to them if they put in tools that remove spyware. http://news.com.com/Microsoft+seeks+protection+from+spyware+firms/2100-7350_3-5718370.html?tag=nefd.top

The link is a little old so I don't know if anything actually passed. But this whole, copywrite, patent, DRM, DMCA thing is out of control.

(Sorry for the double post)

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If I understand correctly
Nov 17, 2005 10:50PM PST

Correct me if I am worng. When removing the $ony root kit, doesn't it break the computer? If so, I am glad that my AV didn't catch it because I may never had been able to figure out what the heck happened for a long time. I am not condoning this at all, but when you think that AV companies typically only release DAT files when there is am impending or a "in the wild" outbreak of a virus. This root kit (again I can be wrong) contained legitimate code that would not trigger an alert. But I am going to send an email and ask for their repsonce. It will be interesting to see what they have to say about this.

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Legitamacy is part of the question
Nov 17, 2005 11:36PM PST

First, there is a way to remove the rootkit without breaking your computer and the antivirus companies could and should be able to set their programs to do it right. One is might be that they can't remove a rootkit, if that is the case then we need to really have a conversation about inadaqute protection.

On the legitimate code question, if something endangers my computer, even if it is from a large multinational, it should be considered a threat by AV. That would force distributors to put out good code.

My original concern is that right now, it may be illegal for AV companies to remove the software, even if it is very bad for my computer.

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Blocking would be the right way
Nov 18, 2005 9:40AM PST

It's true that removing might be a violation of DMCA or not. It's also true that removing did break people's drivers. However, a good antivirus program should block the rootkit from being installed at all. That is neither a DMCA violation or a danger to your system.

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Good point
Nov 18, 2005 10:22AM PST

I have only been thinking about after the fact. But prevention is the best way. AV companies, keep my computer clean!