Yes they could, and the fact that they did not clearly says that they are responsible for what and how Max works or in this case how it fails.
How many cue sheets did you try before you realized that something was wrong? Did anyone at Max do any real world testing?
The solution is very simple code.
As posted before in this thread, You can see it in action here.
http://eachelper.uphero.com/cue2cuehtml.php