In Chicago, Illinois, a Kazaa customer has filed a class action against Kazaa, Lewan v. Sharman, U.S.Dist. Ct., N.D. Ill 06-cv-6736.
The lead plaintiff, Catherine Lewan, was a Kazaa customer who was sued by the RIAA for her use of Kazaa, and paid a settlement to the RIAA.
In her complaint she alleges, among other things, that
-Kazaa deceptively marketed its product as allowing "free downloads" (Complaint, par. 30);
-it designed the software in such a manner as to create a shared files folder and make that folder available to anyone using Kazaa, while at the same time failing to make the user aware that it had done so (Complaint, par. 36-37); and
-it surreptitiously installed "spyware" on users' computers which made the shared files folder accessible to the Kazaa network even after the user had removed the Kazaa software from his or her computer (Complaint, par. 42-45).
Complaint in Lewan v. Sharman, U.S.Dist. Ct., N.D. Ill 06-cv-6736*
On December 8th an amended complaint was filed, clarifying that the class included all Kazaa users sued by the RIAA, and had no geographical limitation.
Amended Complaint in Lewan v. Sharman, U.S.Dist. Ct., N.D. Ill 06-cv-6736*
Ms. Lewan is represented by Charles Lee Mudd, Jr. , of Chicago.
* Document published online at Internet Law & Regulation
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