These are/were titles they didn't expect to sell well. They've obviously made a huge mistake as it is, but imagine if they'd put the rootkit on every new CD they released since they started using it. They do the same thing every time they're going to try a new copy-protection scheme, so that if there's a stink, the recall and replacement costs don't sink them. They probably thought that was the worst they'd run into this time as well, but the noob programming team they hired totally screwed the pooch.