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A person sued by the RIAA is in turn suing Kazaa on a number of claims

Catherine Lewan, a former Kazaa user who was sued by the Recording Industry Association of America (RIAA) during the organization's attempt to crack down on file sharing, has filed a class-action lawsuit against Sharman Networks, the company which created the Kazaa file sharing program.  Due to fraudulent misrepresentation and deceptive trade practices, Sharman is responsible for all copyright violations that are made by Kazaa users.  Lewan is alleging that Sharman led users to believe that Kazaa allows for free and legal downloads through Kazaa.

Lewan's lawsuit also accuses Sharman of creating its software in a manner that has forces "Kazaa software to install... spyware... for nefarious purposes," without the knowledge or consent of the program's users.

Lewan reportedly paid Sony BMG damages of more than $75,000 to resolve the litigation.  Although Lewan  is the first to specifically name Kazaa, it is likely that she won't be the last to do so.

Last July, Sharman Networks paid more than $115 million to settle litigation which was filed against the company by the RIAA, Motion Picture Association of America (MPAA), and the International Federaion of the Phonographic Industry.


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does this make sense?
By loomis2 on 12/9/2006 9:48:01 PM , Rating: 4
If Kazaa is responsible for it's users transgressions like the article states, then I would think that when they settled for $115 million they would be settling for all their users as well, right? So the RIAA has no basis for going after anyone else. As for the other part about Kazaa loading other software without conSent (emphasis on the S), that is why God created Kazaa Lite.




RE: does this make sense?
By RaistlinZ on 12/9/2006 11:04:18 PM , Rating: 5
It sounds like this lady is just pissed that she got caught and is trying to take it out on Kazaa. She knew darn well that she was downloading stuff illegally I bet.


RE: does this make sense?
By MADAOO7 on 12/9/2006 11:35:37 PM , Rating: 3
Where is Kazaa coming up with $115 million to settle? Is Kazaa really worth over $100 Million? It's just a crappier flashier version of Napster and WinMX. I just don't know how you take a hit like that and keep going....


RE: does this make sense?
By feelingshorter on 12/10/2006 1:57:02 AM , Rating: 3
Thats what I was thinking, but I'll admit I'm ignorant. They were pulling in some major $ through advertising I guess, like Google? I'm curious as to how this court case will turn out. I think most of us knew that Kazaa was illegal. I would really like to talk to someone that think Kazaa was legal. I can only imagine some good lawyer cross-examining and ripping someone that claim to think such a thing apart.


RE: does this make sense?
By polaris2k4 on 12/10/2006 7:46:32 AM , Rating: 2
Yes, but we forget, the same two people that owns Kazaa also owned Skype - which was sold to ebay for 2.6billion US just last year.
In light of *that*, a hundred odd million dollars to stop this constant harassment from the RIAA might just be a good deal.


RE: does this make sense?
By carage on 12/10/2006 10:35:35 PM , Rating: 3
I would assume the technology and the platform is legal (like BT). However, most of the content shared on the network probably isn't, and I would also assume most users would know that unless that person happens to live in France (where it seems legal to pirate for personal purposes)or Palestine (where IP laws is probably nonexistent or the law enforcement has much higher priorities to deal with)


RE: does this make sense?
By Hydrofirex on 12/10/2006 3:15:28 PM , Rating: 1
What makes sense is that if I had just had to pay out $75,000 I sure as heck would be looking to shuffle around some of the blame any way I could to recoup some of that! Right or wrong, responsible or not, if I thought I could potentially come out ahead from a loss like that I would more than likely do the same thing.

And, if you don't feel bad for the pirates and you think they're getting what they deserve, then why would you feel bad for Kazaa getting dragged into this? They brought piracy to the masses in a way only rivaled by Napster. Personally, I think they set themselves up for at least this much.

HfX


"Nowadays, security guys break the Mac every single day. Every single day, they come out with a total exploit, your machine can be taken over totally. I dare anybody to do that once a month on the Windows machine." -- Bill Gates

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