Print 27 comment(s) - last by lazyteen69.. on Dec 12 at 12:23 PM

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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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)

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