This class action was filed on November 28, 2005 in the District Court for Tulsa County, Oklahoma by attorney Cornelius P. Dukelow on behalf of Donald J. Bahnmaier.

Mr. Bahnmaier lives in Oklahoma. He was infected with the First 4 Internet XCP Rootkit and Sony’s SunComm’s MediaMaxx.

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

  1. live in Oklahoma; and
  2. purchased a CD infected with XCP or MediaMaxx; or
  3. were infected with XCP or MediaMaxx

The complaint alleges negligence, trespass to chattels, fraud, invasion of privacy, breach of the implied warranty of merchantability, and violation of the Oklahoma Consumer Protection Act. It seeks to:

  1. have the class certified;
  2. compensation of at least $60,000;
  3. have Sony give up profits from its acts;
  4. award treble damages;
  5. award punitive damages;
  6. award interest;
  7. freeze Sony’s accounts; and
  8. any other relief the court deems proper.

Court Documents:

  1. Complaint [PDF]