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A former Kazaa user is now trying to sue the Australian Company Sharman Networks for engaging in fraudulent misrepresentation and deceptive trade practices in that she did not know that files downloaded on Kazaa were in breach of copyright.
Catherine Lewan, a former Kazaa user who was sued by the Recording Industry Association of America (RIAA) during the organization’s attempt to crack down on file sharing, has filed a class-action lawsuit against Sydney based Sharman Networks, the company which created the Kazaa file sharing program. Due to fraudulent misrepresentation and deceptive trade practices, Sharman is responsible for all copyright violations that are made by Kazaa users. Lewan is alleging that Sharman led users to believe that Kazaa allows for free and legal downloads through Kazaa.
Lewan’s lawsuit also accuses Sharman of creating its software in a manner that has forces “Kazaa software to install… spyware… for nefarious purposes,” without the knowledge or consent of the program’s users.
Lewan reportedly paid Sony BMG damages of more than $75,000 to resolve the litigation. Although Lewan is the first to specifically name Kazaa, it is likely that she won’t be the last to do so.
Last July, Sharman Networks paid more than $115 million to settle litigation which was filed against the company by the RIAA, Motion Picture Association of America (MPAA), and the International Federaion of the Phonographic Industry.
