Electronic

Frontier

Foundation

Protecting Rights and Promoting Freedo", on the Electronic Fronti.'

January4, 2006
Alain Levy
Chainnan
EMI Music

and CEO

27

Wrights

Lane

London
W8

United

5SW

Kingdom

David

Chainnan

Munns

and

EM!

Music

North

CEO

150 Fifth
New York,

Avenue
NY 10011

USA

America

Munns:
Foundation (EFF) writes today to call on EM! Music to publicly

Dear

Mr.

Levy

and

The

Electronic

declare that it will not take any legal action against computer security researchers interested in investigating copy-protection technologies used on compact discs released
by EMI labels.

As

you

know,

Sony-HMO

Frontier

Mr.

has

recently

taken

steps

to

address

security

created

by

the

copy-protection

software

included

on

some

compact

discs

vulnerabilities

released

on

labels.

It

was

only

through

the

efforts

of

independent

programmers

and

computer

experts that these vulnerabilities
a letter from EFF, Sony-HMO has

were discovered and ultimately
agreed that it will not assert any

remedied. In response to
claims under

copyright

laws

(including

the

Digital

Millennium

Copyright

Act

("DMCA

computer

security

researchers

working

to identify discs.

security

problems

with copy-protection

technologies

used on Sony-HMO

compact

Weare

aware

that

several

labels

controlled

by

EM!

Music

Group,

including

Records, Liberty Records, and Capitol Records, are distributing compact discs in the United Statesthat include copy-protection technology supplied by Macrovision.
Unfortunately, because some copy-protection vendors have leveled legal threats security researchers in the past, researchers may be reluctant to examine EM! compact against

discs.

We

also

note

that

the

"end

user

licensing

agreements"

(EULAs)

included

Virgin

against

with

security

compact discs appear to forbid reverse engineering for computer security research,
creating an additional chill for researchers. While researchers may be put off by legal

454 ShotwellStreet. San Francisco, 94110 USA CA

. +14154369333 +14154369993 0

.

www.eff.org

.

info@eff.org

EM!

its

Page 2

cc:
lines

risks, We

urge Consequently,

protection

adequately

The

Alain

.

.

.

assume unfortunate

response.
EMI outlined nor Levy against security technology protection Agree EMI Agree working

accompanies

Andrew

Jason

any to:

technologies

informed

and

that

compact

Flom,

January 4, 2006

above

desire

not

not

EFF

security

problems

David

Slater, EMI result

to

technologies

to

to

to

identify

urges

Chairman assert assert

should

to

copy
of

has EMI discs;

of

Munns

President

take

researchers used security

these

no

with

EM!

protected
any any

also

security

pose legal

interest

on

and copy claims claims

Music realities

agree

used

compact

flaws

and

few,

action

CEO,

who

problems

protection

EMI

in

on

CEO, to

Group

if

under

under

that

exposing

EM!

may

any, have

against

waive

Virgin

discs

compact

might

Capitol

the

Title

be

compact

to

concerns.

been,

with

any

released

technologies

publicly that

researchers end

Records

its

otherwise

17

discs
copy

legal

Records customers are,

neither

user

of

discs;

We

the by

or

protection

against

claims

declare

license

will

EMI

look

U.S.

be

EMI

who

used

and

to

discovered

be

as

labels.

that

security

forward bring

Code

agreement

nor

any

on

working described

technologies

it the

EMI

computer

(or

security

will

In

public

researchers

to

compact

similar

particular,

and

to

not

your

above

identify

remedied.

take

is

security

used

legal action against computer security researchersinterested in investigating copy-

have been, are, or will be working to identify security problems with copy

prompt

statutes

discs.

any

in other countries) against security researcherswho have been, are, or will be

who

we

risks, criminals intent on exploiting securityvulnerabilities,of course,will haveno such legal compunctions.

vulnerabilities to the attention of the public. Accordingly, a public statement along the (EULA) that
on

Agree to take reasonable stepsto ensurethat vendorswho supply copy protection