It's been two years since Sony BMG got hit with a number of class action lawsuits
for shipping CDs that stealthily installed malware DRM
on Windows machines without user permission, and it looks like the company is trying to get back the $5.75M it lost replacing
affected discs by suing Amergence, the developer of MediaMax, one of the two DRM systems Sony was using at the time. MediaMax is unrelated to XCP, the infamous "rootkit" DRM at the center of the controversy, but it also installed itself without permission and contained a major security hole, leading Sony to recall both XCP and MediaMax-protected CDs. For its part, Amergence (which used to be called SunnComm) claims that XCP was the real problem and that Sony BMG's demand for final authority over MediaMax's functional specifications insulate it from any liability -- arguments that don't seem like they'll cause any consternation for Sony's legal team. DIsclaimer: Although the author of this post is an attorney, it is not legal advice or analysis and should not be construed as such.