Lawyer Ray Beckerman is pointing to the defense used by someone in Texas accused by the RIAA of sharing unauthorized music files. While the defendant is making the same claim as others that the $750/song amount is unconstitutional, they've also made a different, but interesting defense, saying that they should be covered by Kazaa's settlement with the recording industry. If you don't recall, back in July, the founders of Kazaa used some of the billions they got in selling Skype to eBay to settle Kazaa's lawsuit that had been filed by the recording industry. They ended up paying about $115 million to settle the claims. Since the accused person was using Kazaa, they feel that Kazaa's payment covers their activity, and to be forced to pay again would be double counting on the part of the recording industry. It may be difficult to convince a judge of this, but if it does work out, the industry may regret pursuing both individuals and the software companies.
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