Why do we have the worse representatives...

From the Kazaa lawsuit, it looks like they added code to their application to give them all the information possible about what was going on on the users machine. This brings us back to the napster model where it's easy to point the finger at one responsible party and they argue they could either do something to control the filesharing or to argue that they are profitting from it. So from one end we have cases where the authors cannot defend themselves because they are too small and from the other end we have groups like Kazaa which clearly are too greedy.