Texas Attorney General Greg Abbott today sued Sony BMG Music as the first state in the nation to bring legal action against Sony for its rootkit XCP DRM software.
This suit is the first filed under the state's spyware law of 2005. It alleges the company surreptitiously installed the spyware on millions of compact music discs (CDs) that consumers inserted into their computers when they play the CDs, which can compromise the systems.
“Sony has engaged in a technological version of cloak and dagger deceit against consumers by hiding secret files on their computers,” said Attorney General Abbott. “Consumers who purchased a Sony CD thought they were buying music. Instead, they received spyware that can damage a computer, subject it to viruses and expose the consumer to possible identity crime.”
Because of alleged violations of the Consumer Protection Against Computer Spyware Act of 2005, the Attorney General is seeking civil penalties of $100,000 for each violation of the law, attorneys’ fees and investigative costs.
This is a bold step taken by the state of Texas. Makes me proud to be a Texan. I wouldn't be surprised to see other states file suits as well. Many states passed similar anti-spyware legislation in 2005.
See the full lawsuit in PDF form. After reading the text, I don't see any possible way the state could lose.
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