Ruggiero argues negligence
Let’s take a look at a recently filed case litigated by Ruggiero in Pennsylvania Eastern District Court, with a single named defendant: 2:12-cv-05423-CMR. The entire complaint can be found on scribd.
Ruggiero lists five counts in the complaint:
I: Copyright Infringement – Reproduction
II: Copyright Infringement – Distribution
III: Contributory Infringement
IV: Civil Conspiracy
Of course, the last count, negligence, is for failing to secure their network. “Defendant’s failure to secure his Internet access account, thereby allowing for its illegal use, constitutes a breach of the ordinary care that a reasonable Internet account holder would do under like circumstances.”
Reasonable and ordinary? Anyone with open wireless is unreasonable and not ordinary?