I seriously doubt it. Installing a rootkit without the user's knowledge or consent is a serious federal crime. Frankly I'm stunned that the DOJ hasn't announced an investigation, unless they've decided to warn Sony first to remove it to avoid prosecution. If I was a prosecutor, I would be breathing down their necks. That's not to say that SOE couldn't use this rootkit to their advantage, but the company is already wide open to prosecution and lawsuits galore over this. I think this is just a case of an executive making an incredibly bad decision without checking with legal first.
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