There was always conflict between strong players (large concerns, monopolies) and small players (small business and individuals). The difference is that with onset of digital age lines of conflict become less obvious as they are hidden in technical specifications, in new complex laws and in small print of licencing conditions and contracts.
Sony CD malware story shows that my so far somewhat uncertain worries are fairly accurate: it is already impacting on millions of computer users worldwide. Yellow dots markings, printed secretly by most colour laser jets on all pages to allow fingerprinting of documents are another example. In both cases customer purchased goods (printer or music) but was secretly presented with underhand features - features which he would most certainly refuse if he had an opportunity to negotiate.
The situation with "Sony CD malware" as it stands presently suggests that at least 1/2 million of computers worldwide - probably a multiple of this number - was infected by hidden software, which forms secret part of content of some of Sony music CD. When CD is to be played on PC this malware is secretly installed. Impact on users varies but Sony CD malware encroaches on performance and hard disk space of all computers and makes them less secure and reliable (Linux computers are not affected). It also reports on usage pattern of infected computer and opens door for more extensive interference (marketing etc.) Details of "Sony malware" story are quite interesting - and chilling.
Technicalities aside, "Sony CD malware" violates computer ownership rights of infected computers, same way like burglar violates home ownership rights of home owner. Your computer is no longer under your full control - you feel that by honestly purchasing music from Sony you unknowingly relinquished part of your ownership of the hardware you need for work and play. This is textbook example of "autonomous" activity of software - hidden, arrogant, sinister.
No single citizen can defend himself against heavy handed abuse of digital age on his/her own."Buyer beware" is no longer a simple issue - you have to understand very complex technical issues and often nobody knows except a few employees of supplier. Sony CD malware was infecting computers almost year before it was discovered by computer security specialist programmer, more or less by accident. Suppliers of virus checking software - MacAfee and others - probably knew from the beginning but no warning was issued to their paying customers!
It is totaly unacceptable that somebody sells a product - CD or anything else - to young worker or farmer or student or pensioner and uses it to gain unfair profit or obscure business advantage while interfering with enjoyment, equipment or even lifestyle of hishonest and unsuspecting customer...
And even if you can see the trap, you have often little choice. Supplier is often in position of monopoly - either he is sole supplier of given product (CD with your preferred group), or all suppliers dance to the same tune (colour laser jets and yellow dots), or the anti-customer behaviour is enforced by some standard or agreement (digital TV encoding). You may see the trap but you will either walk in or return to your pre-digital cave. If it still exists - I have not seen many vinyl records in shops recently...
There are already a number of court actions against Sony, mainly in USA but also in Italy. Many more will follow, no doubt. At the same time, court actions with neccessarily limited scope are not a real solution.
In my opinion, intrusion into personal computer and secretive manipulation of digital equipment should be treated in smilar way to phone tapping. It may be accepted if important interest of comunity is at stake, but it should be strictly prohibited by law otherwise. Any trespass should be treated as severely as if some company starts mass phone tapping for sake of its business model - legitimate or not. I feel that action should be taken here in Australia and everywhere else - in the court or in parliament - to stop suppliers behaving like a proverbial Big Brother. If there is sufficient legislative already, it should be invoked. If not, it needs to be introduced as soon as possible.