This class action was filed on November 1, 2005 in Superior Court of the State of California in the County of Los Angeles by attorney Alan Himmelfarb on behalf of Alexander Guevara. Mr. Guevara lives in California. He was infected with the First 4 Internet XCP Rootkit by a Sony CD.

The complaint limits its class to California citizens only, and if the class is certified, will cover any individuals in California who have purchased one or more Sony music CDs with the Rootkit.

The complaint alleges fraud, false advertising, trespass, violations of state and federal statutes prohibiting malware, and unauthorized computer tampering. It seeks to:

  1. have the class recognized by the court,
  2. the Plaintiffs awarded injunctive and equitable relief,
  3. the Plaintiffs awarded damages,
  4. attorney’s fees and costs,
  5. interest, and
  6. any other relief the Court deems proper.

Court Documents:

  1. Complaint [PDF]