There is a bug in max 9 with anisotropic filters in directX , maybe it is still there in 2008
You could try setting your filter settings to something other than anisotropic. (In configure driver menu)
I will take a close look soon and uploade the old one for those with problems.
Greets
Snorkel
Edit: looking at that error , I can already guess what could cause that . I will replace the function calls with semantics soon