They are demanding $3,966,000 from both AOL and Sharman and $1 from Seckler, who apparently installed the Kazaa software on their computer. This could potentially set a precedence where other P2P defendants point the finger of blame at their ISPs or the providers of file sharing software.
"The Defendants and Third-Party Plaintiffs deny that they or either of them are guilty of 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 by Matthew Seckler 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."It is alarming to see AOL being challenged for not filtering / blocking content on the Internet.
Source:
Wired
Written by: James Delahunty @ 15 Sep 2007 19:14
