Sony Canada has been hit with another class action suit arising from last year's rootkit fiasco. This suit is particularly interesting for a pair of reasons. First, it contains new allegations about Sony's conduct in Canada. In particular, it alleges:
- Sony released at least 34 titles in Canada with sales of approximately 120,000 CDs
- Sony waited two extra weeks to begin recalling CDs in Canada as compared to the United States
- Sony did not do enough to remove the CDs from store shelves. One of the named complainants purchased the CD on Boxing Day, weeks after the recall was announced and the complaint alleges that the CDs are still being sold.
Second, the complaint includes considerable analysis of Sony's alleged violation of both consumer protection and national privacy legislation. Given the analysis, the question that immediately comes to mind is whether the Privacy Commissioner of Canada and the Competition Bureau have launched investigations into the Sony rootkit incident. If not, why not?