http://apnews.myway.com/article/20051121/D8E11QVG0.htmlTexas Sues Sony Under Anti-Spyware Law
AUSTIN, Texas (AP) - The state sued Sony BMG Music Entertainment on Monday under its new anti-spyware law, saying anti-piracy technology the company slipped into music CDs leaves computers vulnerable to hackers.
The lawsuit is over the so-called XCP technology that Sony had added to more than 50 CDs to restrict to three the number of times a single disc could be copied.
After a storm of criticism, Sony recalled the discs last week.
Without asking users, the CD automatically installed the copy-protection program when discs were loaded into a PC - a necessary step for transferring music to iPods and other portable music players.
Attorney General Greg Abbott accused Sony BMG of surreptitiously installing "spyware" in the form of files that mask other files Sony installed as part of XCP.
This "cloaking" component can leave computers vulnerable to viruses and other security problems, Abbott said, echoing the findings of computer security researchers.
"People buy these CDs to listen to music," Abbott said. "What they don't bargain for is the consumer invasion that is unleashed by Sony BMG."
Security researchers say XCP is spyware because it secretly transmits details about what music the PC is playing. Manual attempts to remove the software, which works only on Windows PCs, can disable the PC's optical drive.
Sony executives have rejected the description of their technology as spyware. A spokesman for the New York-based label did not immediately return a telephone call seeking comment on Abbott's lawsuit.
Sony BMG initially rejected the uproar over XCP as technobabble.
But after security experts discovered that XCP opened gaping security holes in users' computers - as did the method Sony BMG offered for removing XCP - Sony BMG agreed last week to recall the discs.
Some 4.7 million had been made and 2.1 million sold. CDs that had XCP included releases by Van Zant, The Bad Plus, Neil Diamond and Celine Dion.
The Texas spyware law allows the state to recover damages of up to $100,000 in damages for each violation. Abbott said there were thousands of violations, and that any money would go to the state.