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Comment Re:... until removed or deleted. (Score 1) 608

Indeed, there are laws that rule on this, such as issues of merchantability (is it something that can be sold?). But the rootkit DRM isn't actually malicious, in that it is not intended to cause harm to the user or computer. It could be argued that the drive manufacturers whose drivers malfunction due to the DRM could be found at fault, depending on how the size of their legal organ compares to Sony's.

The fair use rights to copyrighted works is something that has essentially been removed from copyright law, thanks to the Soni Bono and DCMA copyright amendments, so I'm skeptical that anyone will be able to seriously challenge that this inflicts harm or is malicious to the end user who's using a machine whose drivers work in accordance with Microsoft's guidelines.

Is it wrong? Yes. Is it amoral? Yes. But the law doesn't do a very good job at protecting those who can't buy it.

Now, as mentioned previously, the court of public opinion is something else. Newsweek would be great place to hear of this.

I'm actually surprised this vulnerability hasn't been exploited sooner by someone who doesn't have a financial stake on this.

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