Seems the programmer, in the quest ot protect SONYs copyrights, has violated copyright of other programmers.....
The DRM contains code taken directly from LAME (an LGPL MP3 player).
But of course, to find this theft, the investigator had to violate SONYs EULA..........
>>Nowhere in that link does it say anything that would indicate that a rootkit is illegal. According to that link, it's only illegal if it's installed without the users consent (and even then, it appears that the rootkit must perform some malicous action before it is considered illegal).
Off the record legal advice from lawyer friends, is that a user could successfully claim on the sections I highlighted and that;
The original EULA does not contain any mention of the rootkit and the later one that does may not be inforceable (as a EULA can not protect you against illegal actions).
The rootkit phoning home, without express permission, violates the Australian Privacy Act.
Not allowing free download of the patch (it requires you allow SONY to add you to its and third party marketting lists) could also be a violation of the Australian Privacy Act.