copyrightclerk

On issues of internet copyright law

Ruggiero argues negligence

with 5 comments

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?

Written by copyrightclerk

September 27, 2012 at 8:27 pm

5 Responses

Subscribe to comments with RSS.

  1. [...] 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. [...]

  2. [...] 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 [...]

  3. [...] 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 [...]

  4. [...] 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 [...]

  5. [...] 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 [...]


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 27 other followers

%d bloggers like this: