 NormanSPremium,MVM
join:2001-02-14
San Jose, CA
kudos:9
 ·SONIC.NET
·Pacific Bell - SBC
| reply to Linklist
Re: You own the link; you pay the fine said by Linklist:In CIVIL cases and in copyright law, it is NOT necessary to determine which person has used the IP addr to download copyrighted material. Only a preponderance of the evidence is needed, and the presumption is that the lessee of the internet connection is guilty unless THEY can prove otherwise.
"Guilt" isn't even a consideration in civil cases, only responsibility for a tort.
The problem with the "mass subpoenas" sought by the MAFIAAs is that they don't intend to prove a tort, only to extort a settlement.
Would be interesting to consider the implications of a 'botted computer. Not a totally rare event. Is the owner of a hijacked automobile responsible for a tort if the hijacker causes property damage or bodily harm as a result of the hijacking? A 'botted computer is the analog to the 'jacked automobile.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum |
