his class action was filed on November 21, 2005 in the Superior Court for Los Angeles County, California by Electronic Frontier Foundation attorneys Robert S. Green, Jenelle Welling, Alvin P. Sharma, Cindy Cohn, Fred von Lohmann, Kurt Opsahl, Coryanne McSherry, Reed R. Kathrein, and Shana Scarlett on behalf of Robert Hull, Joseph Halpin, and Edwin Bonner.

Mr. Hull lives in Chatsworth, California. Mr. Halpin lives in Sebastopol, California. Mr. Bonner lives in La Jolla, California. All were infected with the First 4 Internet XCP Rootkit or Sony’s SunComm’s MediaMaxx.

The complaint is a state class action, and if the class is certified, will cover any individuals in who:

  1. live in California; and
  2. purchased a CD infected with XCP or MediaMaxx.

The complaint alleges Violations of Consumer Legal Remedies Act, Violation of California Business and Professions Code Section 17200, Breach of Implied Covenant of Good Faith and Fair Dealing, and False or Misleading Statements. It seeks:

  1. compensatory damages;
  2. restitution and disgorgement of profits;
  3. treble damages;
  4. punitive damages;
  5. notification of consumers;
  6. cooperation with anti-virus companies;
  7. refund of the purchase price of infected CD’s or a replacement;
  8. through testing of future software included on CD’s;
  9. attorney’s fees and costs; and
  10. any other and further relief the Court deems just.

You can get more information on the EFF's site.

Court Documents:

  1. Complaint [PDF]