Michelle Santangelo has filed 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, alleging that any injuries plaintiffs might have sustained were the result 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.
This may be the first time an RIAA defendant has commenced a third party against the maker of the p2p software. It was suggested in Interscope v. Duty that defendants should consider such third party practice.
It is unclear from the papers why the defendant felt the need to make a motion for leave to serve a third party summons and complaint, since under the rules she had the right to do so as a matter of right.
Defendants' Memorandum of Law in Support of Motion for Leave to Serve Third Party Complaint*
Defendants' Proposed Third Party Summons and Complaint*
* Document published online at Internet Law & Regulation
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