The District Of Columbia is the latest to sue major record company SonyBMG over the release of CDs containing the good old 'rootkit' anti-piracy software which, IT experts say, makes users computers more susceptible to virus attack. The legal action has been launched by an individual record buyer, Nicholas Xanthakos, but he is using a mechanic in the state's Consumer Protection and Procedures Act which allows his to act as a 'private attorney general' and to seek relief on behalf of the general public and not just himself.
Xanthakos seems to want to force SonyBMG to withdraw offending CDs from sale - though the major record company began a recall of 'rootkit' infected CDs a couple of weeks back, so its not clear if the lawsuit just aims to speed this process up, or if it is also looking for compensation payments for those customers whose computers are affected.
Xanthakos' action follows separate lawsuits by the state of Texas and the Electronic Frontier Foundation, and after a statement earlier this week from New York District Attorney Eliot Spitzer in which he urged retailers to act quickly in getting rootkit infected CDs off their shelves after hearing that some of his city's record stores were still selling them despite SonyBMG's recall.