Deirdre K. Mulligan and Aaron K. Perzanowski have posted a 76-page paper [PDF]
on the causes of the SonyBMG rootkit fiasco. "This Article aims to identify the market, technological, and legal factors that appear to have led a presumably rational actor toward a strategy
that in retrospect appears obviously and fundamentally misguided.
There's also a couple of detailed suggestions on (U.S.) legal changes which could help make such episodes less likely in the future.
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