shouldn't they sue microsoft?

SunnComm, the company that made the CD copy protection that can be bypassed by holding down the Shift key, is threatening to sue Alex Halderman, the guy who exposed the flaw. Strangely enough, the inclusion of copy protection on a CD negates it from being eligible to be described as a CD (i.e. they can't put the Compact Disc logo on there). This is relevant because of the warning message that does appear when you forget to hold down the Shift key. So, we've got using a sharpie and holding down shift to bypass protection.. maybe they should just include DRM'ed versions of all the songs on every disc so people don't even try to rip them?