The Computer Corner
By Charles Miller, Oct 13, 2006

Pray to Saint EULA-lia

Last year for several months, Sony sold music CDs that included a new antipiracy “feature” intended to make the disks difficult to copy. The music CDs included a virus-like program that left the user vulnerable to other computer virus infection and could actually damage your computer if you tried to remove it. Computer industry researchers have estimated that the Sony spyware could have infected more than a half million computers.

While it is understandable that Sony wants to stop their customers from making illegal copies of copyrighted music, their method was wrong.

There was a swift response from the legal community. The Texas attorney general filed suit against Sony, and at least six class-action suits are pending. The penalties may cost Sony millions of dollars, but do not expect their customers to ever see any of it.

You see, there is a thing called the End User License Agreement (EULA), and the agreement on each of those Sony music CDs specifically says that by listening to the CD the customers gave their permission to have their computers infected with the Sony software.

Everyone who uses a computer has seen one of the EULA screens while installing software. It is the screen with all the fine print and a button labeled “click here to agree.” Most everyone clicks on “I Agree,” and few ever read the agreement.

Reading the Sony EULA makes one wonder whether the spyware on their CDs actually is the lesser of evils. Have a look at these conditions to which you have agreed by putting a Sony music CD in your computer.

If your original CD is lost or stolen, you must delete your backups. You are only allowed to have the backups so long as you own the original. Now, why is it we make backups in the first place?

If you travel out of the country, you have to delete all your music because export is forbidden. Remember that the next time you drive across the International Bridge in Nuevo Laredo while listening to your CD player or iPod.

I mentioned earlier that customers are not going to see any compensation for the damage done to their computers by Sony’s spyware. That is because every customer agreed in the EULA that Sony could install and use the copy protection software to monitor the use of their music. They gave you fair warning!

The EULA also indemnifies SONY against any liability if their spyware crashes your computer or exposes you to other viruses. The fine print says that Sony can never be liable for more than US$5! That means that no matter how much it costs you to repair the damage to your computer, you are not even able to get what you paid for the CD.

You also must be careful that any expenses you incur in fixing your computer and removing the Sony virus do not make you insolvent. The EULA specifically says that if you file for bankruptcy you have to delete all the music on your computers.

Sony is not the only company wielding their EULA like a big stick. Some company EULAs run into thousands of words, and what you find in there can be frightening. Microsoft’s EULA for FrontPage includes language that can be construed as prohibiting using the product to create any web page containing any criticisms of Microsoft.

Another company includes language saying the buyers of their software “permanently and irrevocably” waive their right to have their credit card companies charge back what they paid for the product. Caveat emptor.


Charles Miller is a freelance computer consultant, a frequent visitor to San Miguel since 1981 and now practically a full-time resident. He may be contacted at 044-415-153-8528 or email FAQ@SMAguru.com