Sue Me, Sue You Blues -- Illegal Downloading Style
September 13, 2007 at 1:14 PM (PT)
A family who is being sued by the RIAA for illegal downloading, has decided to sue KAZAA parent SHARMAN NETWORKS, AOL and the installer of the software for being responsible for their current legal predicament.
According to a report on WIRED.COM, MICHELLE and ROBERT SANTANGELO, who along with their mother are dealing with a RIAA lawsuit from ELEKTRA RECORDS, are asking for nearly $8 million in their lawsuit -- almost $4 million each from AOL and SHARMAN, and a symbolic $1 from man who installed the software.
If this lawsuit succeeds, others being sued by the RIAA could turn around and sue their ISP and file sharing network providers for damages
The SANTANGELOS blame KAZAA for designing its software to automatically share downloaded files, AOL for not blocking file sharing, both parties for not passing on RIAA warnings, and the installer for installing KAZAA:
"The Defendants and Third-Party Plaintiffs deny that they or either of them are guilty of [RIAA/ELEKTRA] 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 ... 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."
Bottom line: If this lawsuit succeeds, others being sued by the RIAA could turn around and sue their ISP and file sharing network providers for damages.