Yes, you are right about the software. Also, the spy/tracking software is much cheaper than the technology to defend against it. Max apparently is running the operation on a shoestring, and likely doesn't have the ability to upgrade, just as most small sites don't.
There is some protection from the law, however, as the case quoted by Amos shows.
I believe that is the concern of most anonymous posters. Whether or not their anonymity will be violated. The laws regarding the handing over of a website user/member list is, to me every bit as chilling as the attempts to force handovers of membership lists to the communist party.
So, I hope I've answered your question at least in part. It isn't just about the technology. Its also about the laws governing the technology. Those of us posting anonymously, and apparently (though that isn't clear to me in above ruling, and could, down the road, end up being made a loophole by people who want the lists) with pseudoynms, are better protected legally than are those of you who choose to sign your name and give your email address here, because you've already disclosed that information publicly.
Hope I've made that somewhat understandable. It is very complex. Am not an expert. Just knowlegeable enough to be dangerous in Mudcat! ;)