Settlement With Kazaa Should Cover Users

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.

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.