Now, the story is going the other direction. Sony BMG has decided to sue the software company that developed the technology, claiming that it was flawed. They want a significant chunk of change from the company:

Now Sony BMG has filed a complaint against The Amergence Group, formerly SunnComm International, a company that produced the privacy-protection system known as MediaMax CD. According to the Associated Press, Sony BMG is seeking $12 million in damages for unfair business practices and for breaching the terms of its license agreement.
How exactly they breached the agreement isn't made clear, but what is clear is that Sony just wants to get back what they lost. Had no one ever been enterprising enough to discover the intrusive technology, they'd probably be happy as clams.

The Amergence Group stated they are fighting against Sony's claims, primarily citing that the lawsuits were aimed at other software, not theirs.