Yeah, that whole issue's been resolved, so unless you abuse the system, or it gets hit by a jolt of lightning, it's not going to happen.
Besides, PS3s get virused xD (this is an old argument, and I think Sony fixed the virus problem) Although if a PS3 does get virused, it will not work. RRoD can be fixed sometimes.
As of now, both systems are equal in my eyes, though the 360 has PS3 beat in two departments.
A lot of Xbox originals are still backwards compatible on the 360, where as new PS3 systems don't allow backwards compatibility.
Also, 360 has a wider exclusives range.
Other than that, the only things that can really be argued on anymore are controller set up and feel for both systems (which I like both, so it's not a problem for me) and the whole online for free and online for fifty bucks a year.
In all honesty, while PS3 has free online...it's just a tad more limited and less user friendly. I really think 50 bucks a year for access to all of the 360s online features is a bargain.