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

umm, no

[cyphercell]

the failure to block the downloading of such files by AOL;

No, AOL should not block files that I am downloading at all.

This would set TERRIBLE FUCKING PRECEDENT

[karmaflux]

I hope this chick loses. If she wins this idiotic suit, it would set legal precedent that it's the ISP's responsibility to police its users. That's just about the worst possible idea ever.