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
V: Negligence
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?
[...] that doesn’t stop some from still trotting it out. The CopyrightClerk site has the news of a recently filed lawsuit by Daniel Ruggiero, which has a number of claims — with the final one being the same old negligence theory. [...]
Copyright Trolls Still Arguing That Open WiFi Is ‘Negligent’ - International News
October 1, 2012 at 12:23 pm
[...] that doesn’t stop some from still trotting it out. The CopyrightClerk site has the news of a recently filed lawsuit by Daniel Ruggiero, which has a number of claims — with the final one being the same old negligence [...]
Copyright Trolls Still Arguing That Open WiFi Is ‘Negligent’ | .
October 1, 2012 at 1:07 pm
[...] that doesn’t stop some from still trotting it out. The CopyrightClerk site has the news of a recently filed lawsuit by Daniel Ruggiero, which has a number of claims — with the final one being the same old negligence [...]
Copyright Trolls Still Arguing That Open WiFi Is ‘Negligent’ | .
October 1, 2012 at 1:13 pm
[...] claim above appears in a filing over a copyright infringement matter which can be found here: http://copyrightclerk.com/2012/09/27/ruggiero-argues-negligence/ and whilst it makes interesting reading, I think this is a snapshot of future legislation. I am [...]
Insecure WIFI – Not negligent – But it will be. « OpenBytes
October 1, 2012 at 1:32 pm
[...] that doesn’t stop some from still trotting it out. The CopyrightClerk site has the news of a recently filed lawsuit by Daniel Ruggiero, which has a number of claims — with the final one being the same old negligence [...]
Copyright Trolls Still Arguing That Open WiFi Is ‘Negligent’ [Technab.blogspot.com] | .
October 1, 2012 at 2:35 pm