Sony Gets Final Slap on Wrist

I know I’ve been a little obsessed with the Sony BMG Digital Rights Management (DRM) rootkit fiasco (in Backspin and Backspin and Backspin and Backspin and Backspin) but, as I have pointed out (repeatedly), it seems weird to me that so few of us have been outraged over the matter. Perhaps this will get your blood boiling: The final federal consequences for Sony BMG have just been revealed and a slap on the wrist is what it amounts to. The reason for my renewed outrage is that the Federal Trade Commission concluded that Sony BMG violated federal law and committed a deceptive trade practice so I would have expected serious consequences. Are they? Not really … The FTC have decided not to fine Sony — which is incredible — and the company is just “rrequired to provide exchanges for existing DRM-enabled CDs until June 31, 2007, and pay up to $150 to anyone who spent money trying to remove the rootkit or repair any damage from it.” That’s effectively identical to the punishment meted out by a few state attorneys general. Even if the compensation process is easy and all affected PCs in the US are actually claimed for this will amount to at most $150 million. Of course large companies aren’t going to spend the money to claim the money because that will just cost more money so if the total cost to Sony BMG exceeds $50 million I will be astounded. Better yet according to the FTC press release Sony BMG admitted their guilt yet the press release concludes with “This consent decree is for settlement purposes only and does not constitute an admission by the respondent of a law violation” — what greater evidence do you need that we have jumped to an alternative universe where logic no longer applies? So the big issue is that the consequences for Sony BMG breaking the law are simply not enough. Imagine if MacDonald’s had given over half a million families food poisoning through something that they intentionally did. Do you think there would be some huge consequences? Of course there would be but for some reason Sony is being given a pass on this one. As I have opined before and probably will again, Sony BMG executives should have gone to prison over this. The average 16 year old hacker who pulled a stunt one hundredth this big would get thrown in jail without his feet touching the ground but because this concerns a big corporation they get to play their “get out of jail free” card. There is a 30-day public consultation period during which comments will be accepted by snail mail only (perhaps you have to write with a quill pen or scratch marks on a mud tablet for your message to be accepted). The comment period ends March 1st and you should send you letter to: FTC, Office of the Secretary, Room H-135, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. I am outraged enough that I will be writing to the FTC. Will you?