Re:McAfee and Symantec dropped the ball (Score 1)

If you paid Symantec and McAfee for protection from Root kits. You come to find out that you suffered some sort of loss due to the Sony Root kit being exploied by a third party Symantec decided not to add to their database the sig for such root kit. Wouldn't that be negligent or something oh say criminal? Civil suit would be an easier thing to do.