Texas Attorney General Greg Abbott announced Monday that he has filed suit against Sony BMG over the use of illegal spyware in its copy-protection mechanism that gained national attention earlier this month.
Abbott also disputed Sonys claims that it had recalled all affected CDs, saying investigators were able to purchase "numerous titles at Austin retail stores as recently as Sunday evening."
The lawsuit notes that Sonys software uses a rootkit "cloaking" technique to hide itself from users and prevent its removal. Abbott says the DRM remains active at all times, even when Sonys media player is not active, which has led to concerns about its true purpose.
"Sony has engaged in a technological version of cloak and dagger deceit against consumers by hiding secret files on their computers," Attorney General Abbott said in a statement. He also highlighted the security concerns brought about by the rootkit.
"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."