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Kazaa To Sue RIAA

by Glen Shapiro, LawAndTax-News.com, New York

27 January 2004

In a decision issued last week, US District Judge Stephen V. Wilson ruled that the owner of the Kazaa file-sharing software service, Sharman Networks, can counter-sue the Recording Industry Association of America (RIAA) for copyright infringement.

The music industry body launched a copyright infringement lawsuit against Sharman in 2002, arguing that the Kazaa software allows internet users to illegally copy and share copyrighted content.

However, the firm hit back last September, accusing the RIAA of violating US antitrust laws by preventing Sharman from distributing authorised copies of music and movies via Kazaa, and of using unauthorised versions of the Kazaa software to track down and threaten users downloading copyrighted material.

Judge Wilson's ruling means that Sharman Networks can pursue its counter-suit against the RIAA. However, he suspended judgement on the antitrust violation claims until after the 9th Circuit Court of Appeals has ruled on the legality of file sharing.

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