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Originally Posted by Phil^
Rootkits by the way are designed to be installed and make themselves invisible by directly intercepting windows function calls and editing them, so that they cannot be directly seen.
Removing this one causes damage to the system as well
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Why do you think that "Removing this one causes damage to the system as well"? There are a few cases when rootkits or other "hostile" software actually cant be removed without causing harm to a system, but it doesnt seem so in this case. If you refer to the "missing CD-Drive", that was Mark's mistake - not Sonys.
Regarding the legal side it may be interesting to see what a case of severe data loss due to the race-condition of Aries.sys would result in (in a german court probably just resulting in a heated discussion about "stand der technology" and no punishment at all). Another aspect could be the costs due to localising and removing a unknown "rootkit" in (high) security environments where this unsuspectedly got installed.