Morgyn said: How do you know that sony actually asked for them to write a rootkit. It seems highly illogical for them to even consider asking for that.
They more than likely asked "How can we make PCs only play the songs in the way we want to" and they were presented a solution, a solution that was flawed.
They contracted out the software, and the company developed one that performed to Sony's requirements. However there were oversights in this software, the way it hides processes for instance, and can hide files with a certain filename. Its unlikely that Sony tested the software for this, as its a purchased solution.
Of course the contracted company is liable, as liable as Sony was and its right that they in turn sue the writers of the software. If it could be shown in the specifications that Sony provided, that the software was to be written with the intent of being a rootkit, or obvious malicious content, it will get thrown out of court in a second.
I don't agree with DRM on CDs and cheered when Sony were sued, however I'll cheer even more when the actual producers of DRM software are sued out of existence. |
So you are saying that Sony somehow released these CDs without knowledge that a rootkit existed on them? That someone offered them copy protection and they just said "yep" without even looking at it? Sony is one of the largest electronics companies in the world, and I'm sure there are many talented engineers and scientists working there. They knew EXACTLY what was on those CDs, and they chose to license it anyway. Whether Sony explicitly said "put a rootkit on these CDs" or were just given the technology is immaterial, they cannot balme some other company for their actions.
Of course, MediaMax should also be liable. For criminal damage, or for a class action lawsuit. The LAST entity that should benifit from their liability is Sony, as they were the ones who contracted them and they performed exactly to Sony's specifications. Sony lost money through this fiasco not by any fault of MediaMax, but due to their own stupidity.