[Dshield] Sony Sued Over CD Rootkits

Tim Hollebeek tholleb at teknowledge.com
Mon Nov 7 18:16:04 GMT 2005

> After all, everyone who installed it basically signed 
> an EULA to authorise it.

In order to prove how silly this line of reasoning is, I'm going
to start putting in all my EULAs:

"By installing this software, you agree that all EULAs are unenforceable."

and then wait for civilization to end as the courts spend more and
more of their time wrestling with the inherent contradiction.

> As wrong as it was for them to use this method (IMHO), I 
> would only be able to blame myself for it appearing on my 
> machine since I authorised it (in effect).

Did you?  The EULA only mentions "installing software".  A plain
reading of that phrase does not include modifying the behavior of the
operating system.  (It's actually somewhat surprising that the
EULA has as little relevant text as it does.  Sony's lawyers
seem to have been asleep at the wheel.)

> Yeah I would be 
> pissed at them, but not much I could do about it apart from 
> making sure I read the EULA's in the future.

Generally, only large software companies want to live in that
world.  The rest of us (and luckily the courts are generally
on our side), don't.


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