This individual action was filed on January 5, 2006 in the County Court for the First Judicial District of Hinds County, Mississippi, where Plaintiff (and webmaster) Mark Lyon purchased Our Lady Peace - Healthy in Paranoid Times, by Mark Lyon on his own behalf.

Mr. Lyon lives in Mississippi, and runs this website. He was infected with the First 4 Internet XCP Rootkit by the Our Lady Peace CD. He asked Sony BMG to help him fix the problems he then experienced with his laptop wiothut installing more of their software. They were unhelpful.

The complaint is an individual action, and does not represent a "class" of people. A national class action already exists and includes any US Citizens who were impacted by XCP and MediaMax who do not opt out. You can read more about it here.

The complaint alleges Breach of Warranty, Fraud, Invasion of Privacy, Negligence, Computer Fraud and Treaspass, Denial of Access, Use of Access, and an Offense Against Computer Equipment. It seeks:

  1. money damages,
  2. interest,
  3. punitive damages,
  4. costs of suit, and
  5. whatever else the court deems proper.


  1. Mark Lyon's Demand Letter [PDF]
  2. Sony BMG's Lackluster Response [PDF]
  3. Complaint [PDF]