RIAA Defendant Cross-Sues Kazaa And AOL

[PastTense]

http://img.photobucket.com/albums/v383/Hairbautt/News%20Images/RIAA-1.gifNewYorkCountryLawyer (http://recordingindustryvspeople.blogspot.com/) writes "In what appears to be a first, RIAA defendant Michelle Santangelo (http://yro.slashdot.org/article.pl?sid=07/07/19/189249&tid=123), the 20-year old daughter of Patti Santangelo, has made a motion for leave to serve a third party complaint against Kazaa and AOL (http://recordingindustryvspeople.blogspot.com/2007/08/michelle-santangelo-to-cross-sue.html), as well as against someone who installed Kazaa software, in Elektra v. Santangelo II (http://info.riaalawsuits.us/documents.htm#Elektra_v_Santangelo2). Her proposed third-party complaint (http://www.ilrweb.com/viewILRPDF.asp?filename=elektra_santangelo2_070815Proposed3rdPartyPleadingsSharmanSecklerAOL) (pdf) alleges that any injuries plaintiffs might have sustained were the result of the third party defendants' "negligence and breaches... 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 [the person who allegedly installed the software without authorization] 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.""

http://yro.slashdot.org/article.pl?sid=07/08/16/2227257

[TheFoX]

Damn... Is she suing the power company that supplies her electrics for the PC?

If I buy a gun, I cannot blame the ratailer for selling it to me, if I decide to kill someone with it.

The downside to this is that if she is successful, her actions could change the internet in many ways, as ISPs and other sundries would be worried that they could be liable for facilitating other illegal activities.

[4play]

What i think she is trying to claim is that someone else installed kazaa on her computer. by default it scans for media files to share and sets itself to start when windows boots up. she may of had no knowledge that her machine was sharing her dolly parton collection.

so who is really liable for this? is it her friend for installing the program which led to the sharing of copyrighted music, is it her because its her machine and internet connection or is it aol for not stopping her from sharing the music.

of course she does not have a leg to stand on with blaming aol since they have common carrier status its not their job to block traffic.