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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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it's called responsibility for one's own actions
By nortexoid on 12/10/2006 2:58:34 PM , Rating: 2
People of the current generation can't take responsibility for their own actions anymore; it's much easier to just push it on someone/something else. Who in their right mind could think that Kazaa was legal? And where does it even remotely suggest that it is? Is some mild suggestion supposed to override the obviousness of common sense? Could it really be free music I'm getting because it was "suggested" by the lack of making explicit the fact that it's illegal? Am I severely retarded? How in the first place did I figure out how to use the internet and a computer?




RE: it's called responsibility for one's own actions
By GmanMD on 12/10/2006 6:15:41 PM , Rating: 2
I can understand people being pissed off at this lady for trying to shift blame, but if the RIAA and MPAA,etc. were already paid off by Kazaa, then doesn't his count almost as double dipping, on recovering phantom costs from 2 places. They settled on their cut with Kazaa, so leave the users alone. They can't sue everyone for all this money they lost that their accountants pulled out of thin air. They should be jumping up and down that Napster and Kazaa existed, because iTunes, etc. would never have been so popular. They are making money hand over fist without even having to press a CD with a cheap paper cover art insert.


By marvdmartian on 12/11/2006 9:29:05 AM , Rating: 3
I don't believe the "double dipping" defense will work here either.

It's like if you saw that it was going to be really easy to rip off some company, but instead of doing it yourself, you decided to sell the idea to others, so they could do it. You get caught selling this idea, and get (pretty much) slapped on the wrist.
Then some schmuck comes along, and actually uses your idea to rip off the company. But the company is wise to this method now, and have taken steps to correct the problem, and this schmuck gets caught easily.
Can it then be the schmuck's defense that he's not guilty of trying to rip off the company, because it wasn't his idea in the first place? That you, who have already paid your dues for the wrongdoing you committed, are more guilty for having come up with the idea in the first place??

NO. You do the crime, you do the time. Anyone who's sharing music on P2P networks either knows that they're doing something wrong, or is just too friggin stupid to be allowed to own a computer, and should have it taken away from them!! You do the crime, you take your chances, and when you get caught, you hang your head in shame and take your punishment.......unless you're part of the newest trend, which is to blame everyone but yourself for your wrongdoing!


By GmanMD on 12/11/2006 12:41:46 PM , Rating: 2
I don't have a problem with them "doing the time". Then give them jail time if found guilty, but don't give me this crap that the record industry should be suing everyone involved for their "losses". If they want to criminally prosecute then that is one thing. If 2 people steal $100 from me, I can both criminally prosecute and civily sue them. I cannot get $100 from each of them so I have $300 in my pocket.


"What would I do? I'd shut it down and give the money back to the shareholders." -- Michael Dell, after being asked what to do with Apple Computer in 1997

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