RIAA Defendant Cross-Sues Kazaa And AOL

NewYorkCountryLawyer writes "In what appears to be a first, RIAA defendant Michelle Santangelo, the 20-year old daughter of Patti Santangelo, has made a motion for leave to serve a third party complaint against Kazaa and AOL, as well as against someone who installed Kazaa software, in Elektra v. Santangelo II. Her proposed third-party complaint (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.""

Comments

Definition of EULA (from the complaint)

[whoever57]

1 "End User License Agreement," a contract of adhesion, abominably long, written in tiny print, which no one reads.

Re:Oh, for the love of...

[Tomy]

"Tuez-les tous; Dieu reconnaitra les siens."

To paraphrase, "Sue 'em all, let the courts sort it out."

Unlike the previous posters to this thread..

[GeneralEmergency]

...I think this is an interesting legal strategy. This appears to me to be a tactic to grow this case exponentially in size and thus cost, complexity and duration.

Let 'em litigate this for 3 years.

I'm only surprised that they didn't assert that the plaintffs are partially liable for continuing to publish DRM free CDs long past the point when they knew that tools and techniques existed which permitted these tracks to be ripped and shared.

Hmmm...I'm still wondering if that last paragraph of mine is a joke or not.

With lawyers involved, I suppose you never can tell.

She forgot....

[toppavak]

to sue Microsoft because Windows allowed the installation of software such as Kazaa and the manufacturer of her computer for allowing the installation of a Windows that allowed the installation of Kazaa and the local power company for permitting the operation of a computer which allowed the.... oh you get the point

RIAA should hire the wench

[Anonymous Coward]

She's obviously proved she has what it takes to work for the RIAA.

Re:Oh I get it

[anagama]

Perhaps you are in school. That 10 page paper you wrote after spending 10 hours in the library, 5 hours in writing, and 3 in revising, is worth about 0.7 cents per page in paper costs ($3.50/500 page ream) and 1.14 cents in toner per page ($200 cart @ 17.5k pages) for a grand total of 1.84 cents per page. Your paper is worth just over 18 cents. That means your time is worth 1/100th of a cent per hour. In a few years, you might graduate and your work might be worth 2 or even 3 times as much.

Re:Rights Based Society

[Alsee]

it's got about 25 tiny inscrutible icons down there, the only one they've figured out is the clock

Holy shit! Those little numbers in the corner are a clock?
Daaaaamn! You're right! The numbers in the corner of my computer are almost the same as the numbers on the front of my cable box! That's neat!
I'm really starting to get into this computer stuff. I learn something new almost every month.

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