StreamCast
Networks, the distributor of peer-to-peer software
Morpheus,
has filed a lawsuit against
eBay
and 21 other defendants, alleging that the
acquisition of Skype
was accompanied by a "conspiracy" that cost StreamCast billions of dollars.
The company is seeking a worldwide injunction on the sale and marketing of
eBay's
Skype
internet voice communication products as well as billions of dollars in
unspecified damages.
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The lawsuit, first filed earlier this year, was amended in a filing with the
Federal Court in the Central District of California in Los Angeles.
The suit alleges that Skype makes use of proprietary technologies owned by
StreamCast in its underlying infrastructure.
"We are taking action because we believe the rights to the Skype and
FastTrack technologies were swept out from under our feet, and our 28 million
Morpheus users were stolen from us," said Michael Weiss, chief executive at
StreamCast. "The real story needs to be told."
The suit further alleges that the original
Kazaa
co-founders, Niklas Zennström and Janus Friis, profited handsomely from the sale
of Skype to eBay only after they and others "engaged in a conspiracy".
This alleged plot saw the executives misappropriate assets and the customer
base that belonged to StreamCast. They are also accused of illegally and
secretly transferring away the rights to the FastTrack technology.
According to StreamCast, Morpheus and its 28 million users were somehow
knocked off the FastTrack network.
"The complaint alleges that many of the defendants engaged in a conspiracy
and shut Morpheus out of the FastTrack P2P market and failed to honour an
agreement with StreamCast that it had the right to acquire the FastTrack
technology and other assets," said Matthew A. Neco, general counsel for
StreamCast.
Dan Woods, outside counsel at global law firm
White
& Case, added: "The sale of Skype to eBay was made possible through a
scheme by many of the defendants to misappropriate the FastTrack peer-to-peer
technology that rightfully belongs to StreamCast. We have now added eBay as a
defendant to this lawsuit."
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