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The Electronic Frontier Foundation said that although Sony BMG has gone some way to remedy the security risks posed by First4Internet's XCP software and begun to recall and replace discs, its measures 'still fall short'.

Moreover, it added, 'Sony BMG has failed entirely to respond to concerns about MediaMax, which affects more than 20 million CDs - ten times the number of CDs as the XCP software.'

EFF lawyers said that music buyers should not have to install potentially dangerous and intrusive software simply to play their CDs. It also criticised Sony for not widely publicising the recall programme.

'Regular CDs have a proven track record - no one has been exposed to viruses or spyware by playing a regular audio CD on a computer. Why should legitimate customers be guinea pigs for Sony BMG's experiments?'

Staff Attorney Kurt Opsahl agreed: 'Consumers have a right to listen to the music they have purchased in private, without record companies spying on their listening

The EFF is also demanding that Sony withdraws its controversial End User License [sic] Agreement, reproduced in full by p2pnet. Under the conditions imposed by the licence, digital copies of a CD must be destroyed if the CD is lost is stolen or if the owner is declared bankrupt.

The EFF has sent an open letter to Sony, which in turn has yet to comment. First4Internet and SunnComm have also kept their own counsel.

The civil suit filed by Texas attorney general Greg Abbott accuses Sony BMG of violating the state's Consumer Protection Against Computer Software act. He is seeking $100,000 per violation.

'Sony has engaged in a technological version of cloak and dagger deceit against consumers by hiding secret files on their computers,' Abbott said, adding that although Sony had said that it was withdrawing the relevant CDs, some were still on sale in Austin retail stores.

Sony declined to comment but said that it is co-operating with the attorney general's office. However, a UK spokesperson pointed out that CDs using the software are only on sale in the US. That said, it is possible to buy them in the UK via Amazon.com, for example.