Sony BMG sues SunnComm over MediaMax DRM

July 17, 2007 – Sony BMG has filed a summons in a New York state court against SunnComm, now Amergence Group, over allegedly faulty DRM software it sold the electronics giant in 2005.

The software, called MediaMax, allegedly infected users’ computers even if they declined the licence agreement, and enabled hackers to hijack an infected computer.  The resultant class action lawsuits cost Sony BMG $5.75mn in settlements, and Sony is now accusing Amergence of negligence, unfair business practices and breaching the terms of its licence agreement by delivering software that “did not perform as warranted”.

Sony is seeking $12mn from the luckless DRM developer, and according to a statement by Amergence, Sony’s suit alleges that MediaMax “was defective and that the small Phoenix-based company has a contractual obligation to indemnify the entertainment giant against consumer actions which Amergence believes resulted primarily from 1) Sony’s under-tested release of a competitor’s technology, and 2) BMG’s ‘final authority’ input in determining the functional specifications of the MediaMax copy protection”.