Acton Institute Powerblog

Digital Rights Fiasco

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The newest phase in the fight for digital/intellectual property rights involves the recent Digital Rights Management software from Sony. Apparently, Sony’s “protected” audio CDs have been installing a “rootkit” onto your computer, and opening up your computer to yet more malicious software on the Internet (as if it isn’t bad enough already without a Sony rootkit). There are a couple of things I want to say about this – first, a short description of exactly what the problem is; and secondly, a look at the ethical/moral implications of this situation. (All you Computer Science professors out there: this is a very good case study if you are teaching a class on Software Ethics.)

So, what exactly happened? Sony, along with many other music companies, has been brainstorming up ways to prevent people from copying audio CDs. This is mostly a reaction to the Napster phenomenon from the turn of the millennium, but also to continued audio piracy. Sony’s solution to the problem has been the sale of protected CDs that put software on a device that identifies the CD as legitimate and allows playback. The software that Sony CDs have been installing onto computers around the world is flawed and has opened up countless computers to new trojans and other malicious software. Sony has since released patches that “remove” the flawed code, although the updated software seems to be equally flawed.

What are the ethical implications? First, and foremost, Sony has been installing software on computers without the informed consent or knowledge of its general user base. While this is bad enough, Sony has been installing a “rootkit” onto your computer – a program that has administrative access to everything on your computer, and hides certain files. Even granting Sony the benefit of the doubt, this is simply poor decision-making and poor programming. To make matters worse, they’ve used allegedly plagiarized code. Sony, as a leader among their competition, should be excelling in all of these areas using honest, open, and transparent means. A company such as Sony should be at the forefront of developing software and/or hardware that is easy to use, SAFE, and effective, not software that is deceptive and dangerous.

One more thing to say before I’m done venting… In response to RIAA president Cary Sherman’s following statement at a recent press conference:

“The problem with the SonyBMG situation is that the technology they used contained a security vulnerability of which they were unaware. They have apologized for their mistake, ceased manufacture of CDs with that technology, and pulled CDs with that technology from store shelves. Seems very responsible to me. How many times that software applications created the same problem? Lots. I wonder whether they’ve taken as aggressive steps as SonyBMG has when those vulnerabilities were discovered, or did they just post a patch on the Internet?”

People generally know that software that they install may contain bugs, and there is a user end license agreement that specifies the terms of those situations. An audio CD that you want to listen to is not equatable to general software installation.

Anthony Bradley Anthony Bradley, Ph.D. is Associate Professor of Theology and Ethics in the Public Service Program at The King's College in New York City and serves as a Research Fellow at the Acton Institute. Dr. Bradley lectures at colleges, universities, business organizations, conferences, and churches throughout the U.S. and abroad. His books include: Liberating Black Theology: The Bible and the Black Experience in America (2010),  Black and Tired: Essays on Race, Politics, Culture, and International Development (2011),  The Political Economy of Liberation: Thomas Sowell and James Cone of the Black Experience (2012), Keep Your Head Up: America's New Black Christian Leaders, Social Consciousness, and the Cosby Conversation (2012), Aliens in the Promised Land:  Why Minority Leadership Is Overlooked in White Christian Churches and Institutions (forthcoming, 2013). Dr. Bradley's writings on religious and cultural issues have been published in a variety of journals, including: the Atlanta Journal-Constitution, the Detroit News, and World Magazine. Dr. Bradley is called upon by members of the broadcast media for comment on current issues and has appeared C-SPAN, NPR, CNN/Headline News, and Fox News, among others. He studies and writes on issues of race in America, hip hop, youth culture, issues among African Americans, the American family, welfare, education, and modern slavery. From 2005-2009, Dr. Bradley was Assistant Professor of Systematic Theology and Ethics at Covenant Theological Seminary in St. Louis, MO where he also directed the Francis A. Schaeffer Institute.   Dr. Bradley holds Bachelor of Science in biological sciences from Clemson University, a Master of Divinity from Covenant Theological Seminary, and a Doctor of Philosophy degree from Westminster Theological Seminary.  Dr. Bradley also holds an M.A. in Ethics and Society at Fordham University.

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