RIAA vs. P2P, and the open WiFi IP dilemma

Yesterday, A Wired News reader responding to a story on anonymous filesharing e-mailed me this question:

One issue that I have not seen addressed in the RIAA vs. P2P front relates to the potential for an unsupecting home PC user who just happens to have an open WiFi router being used by a neighbor to share files to get sued by the RIAA when their IP address shows up on the RIAA's list. From the surveys I've done, there are a lot of open WiFi routers a file swapper could easily use to both serve and download files. So, is the RIAA going to have to shut down open WiFi to get its way?

And coincidentally, CNET published a story by John Borland yesterday which explores that very question.

Early last spring, NYCWireless co-founder Anthony Townsend got a note in the mail saying that someone on his network had been violating copyright laws. This type of note is becoming increasingly common as record companies and Hollywood studios subpoena Internet service providers (ISPs) for information about subscribers in order to stop people from trading songs and movies online. But Townsend's case was unusual: As the representative of a loose collection of wireless "hot spot" Internet access points, there was no way he or the relevant access point operator in New York's Bryant Park could identify or warn the file trader. (…)Townsend and others' similar experiences, no matter how limited today, point to a slowly widening hole in the Recording Industry Association of America's (RIAA) recently announced drive to identify and ultimately sue what could be thousands of file swappers online.

Link to CNET story, Discuss