In a fascinating turning of the tables, the owner of Kazaa has filed a counter-infringement suit against entertainment studios and record companies. See here. The article is short, but it states that the basis for the counter-suit is that Kazaa "invade[s] users' privacy and send[s] corrupt files and threatening messages." I'm not sure how that amounts to copyright infringement. As a matter of fact, I'm pretty sure that 17 USC § 106 (text is below) does not include anything that would support the counter suit.
§ 106. Exclusive rights in copyrighted works
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
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