File-Sharing Lawsuit Twist
December 8, 2006 at 5:50 AM (PT)
File-sharing litigation took a twist yesterday with the filing of a lawsuit against SHARMAN NETWORKS, creators of the P2P file-sharing application KAZAA. The plaintiff, CATHERINE LEWAN, was herself a defendant in one of the many file-sharing lawsuits brought by the RIAA. She was sued by SONY BMG in APRIL 2006 and ended up paying a settlement to resolve the litigation.
LEWAN seeks class-action status for the lawsuit, which accuses SHARMAN NETWORKS of deceptive marketing and installing additional spyware on users' computers for "nefarious purposes." LEWAN also alleges negligence, consumer fraud, and deceptive trade practices in her complaint.
In JULY, SHARMAN NETWORKS agreed to a $115 million-plus global settlement covering all litigation filed against it by the MPAA, RIAA, and the INTERNATIONAL FEDERATION OF THE PHONOGRAPHIC INDUSTRY.