Sony: "Oh, is that OUR rootkit? How in the world did that get there? Tee hee!"

Doing the least impressive Oh So Innocent act ever, Sony is issuing a service pack to get rid of the rootkit they put there in the first place. Evidently, people just didn't like having CD-Rom disabling, virus vectoring, cloaked files installed on their computers. I know I'm just a lawyer on the Internet like everyone else, but is there some reason we COULDN'T sue for this?