Catherine Lewan, once a Kazaa user who was sued by the RIAA for copyright infringement is taking her battle back to those who she says encouraged her copyright infringing behaviour. Lewan is the lead plantiff in a new suit, brought against the company behind Kazaa, Sharman Networks.

Accoridng to Lewan's filing, Kazaa deceptively marketed its product as allowing "free downloads", 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 and, 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.

Sharman Networks is still a functional company, having settled its suit with the RIAA for a cool $115 million dollars. Many have pointed out that the RIAA's lawsuits against individuals for their own use of Kazaa amounts to a type of double jeporady, citing that the Sharman settlement should be the sum total the RIAA is entitled to recover.

[via Digital Music News]