San Jose, CA
·Pacific Bell - SBC
reply to Linklist
Re: You own the link; you pay the fine
said by Linklist:"Guilt" isn't even a consideration in civil cases, only responsibility for a tort.
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.
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.
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum