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RIAA Lawsuit Victims Blame AOL and Kazaa, Demand $8 Million

By: Eliot Van Buskirk
WIRED
September 13, 2007
http://blog.wired.com/music/2007/09/riaa-lawsuit-vi.html

Michbob2 Michelle and Robert Santangelo, who along with their mother face an RIAA lawsuit from Elektra Records, have filed a motion to have Kazaa-creators Sharman Networks, AOL, and Matthew Seckler (who allegedly installed the software on their computer) added as third-party defendants to the case.

The siblings demand nearly $8 million; $3,966,000 each from AOL and Sharman, and a symbolic $1 from Seckler.  If they succeed, other P2P defendants might be able to sue their internet service and file sharing network providers for damages (although it doesn't appear to be illegal to offer file sharing software or unfettered internet access).

The revised Complaint blames Kazaa for designing its software to automatically share downloaded files, AOL for not blocking filesharing, both parties for not passing on RIAA warnings, and Seckler for installing Kazaa:

"The Defendants and Third-Party Plaintiffs deny that they or either of them are guilty of Plaintiffs' allegations and affirmatively allege that the injuries sustained by Plaintiffs, if any, were solely caused by reason of the negligence and breaches of the Third-Party Defendants named herein: in the defective design of Sharman Network’s program, "Kazaa" which was a dangerous instrumentality in its each and every use as it existed in 2002-2004; the trespassing and reckless installation by Matthew Seckler of such program; the failure to warn by AOL and Sharman; the failure to block the downloading of such files by AOL; the improper blocking of alleged (RIAA) warning messages by AOL and Sharman; and, the secretive file sharing system of and by Kazaa."


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