Management and the Technology Professional – B302
Case study answer 1
As the lead developer of the rootkit software for Sony BMG, the software should not of been produced because of the legal acts set down inside the United Kingdom which will possibly affect me as the lead developer of the project.
The main basis of the software was supposed to protect the business interests of Sony BMG Music Entertainment, but the produced software goes to another level of hiding itself and worming its way into operating systems to remove the possibilities of its removal. This software goes to another level of trying to protect the interests of the music industry as a whole but not legally in relation to the UK Computer Misuse Act, Section 3 which states, '
A person is guilty of an offence if he does any act which causes an unauthorised modification of the contents of any computer'. Our project team at
First4Internet Ltd manufactured the software and are liable under UK law as we knew what the software would do if installed.
The EULA of the software states that '
the software is to protect the copyright of the material and can be uninstalled at anytime'. It is not explained that it takes some serious work and contacting Sony's technical support in order to get hold of some more software in order to remove the cloaking of the DRM software. It should be noted that the software update produced by First4Internet Ltd ourselves did not remove the DRM software, but simply displayed the files on operating systems rather than hiding them. Removal instructions were only provided by Sony's technical support.
The XCP (rootkit style) software which was used by Sony was developed by our UK firm First4Internet Ltd so its First4Internet Ltd's liability and where the legal system will fall down upon. As the lead developer of the rootkit software (XCP) the software usage in relation to UK law should of been taken into consideration such as not to break it. As a computer code developer in the UK you have certain responsibilities to those legal acts enforced in the UK (British Computer Society Code of Conduct and Computer Misuse Act). The British Computer Society Code of Conduct states that '
You shall not misrepresent or withhold information on the performance of products, systems or services, or take advantage of the lack of relevant knowledge or inexperience of others.' We (First4Internet Ltd) did not display what the software would do to the end user.
The legal aspect in the UK is the most compelling reason why the software should not of been produced for Sony. It should be noted that the situation maybe different if the software was produced by another company under a different countries laws.
