RIAA Defendant Files Lawsuit on Kazaa Owner
December 9, 2006 9:54 AM
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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.
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?
12/10/2006 10:35:35 PM
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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