A Federal judge in Illinois has once again rebuffed a copyright troll's request for easy court orders to allow him to connect IP addresses with people. The judge said that open wireless networks and other factors make the connection between IP addresses and defendants difficult, and that making it easy to connect people and IPs would invite extortionate legal claims.
After the recent raids against people whose open wireless networks had been used by their neighbors to download child pornography, many people advised that this was evidence that leaving your wireless network open would make you potentially liable for the misdeeds of people who happened to use it.
But as this case shows, judges can be savvier than that (and they should be, too). Good law shouldn't punish people for being neighborly.
Baker then went on to cite a recent mistaken child porn raid, where an IP address was turned into a name--but the named person hadn't committed the crime. "The list of IP addresses attached to VPR's complaint suggests, in at least some instances, a similar disconnect between IP subscriber and copyright infringer... The infringer might be the subscriber, someone in the subscriber's household, a visitor with her laptop, a neighbor, or someone parked on the street at any given moment."
After botched child porn raid, judge sees the light on IP addresses
Randal Munroe nails it again in an XKCD installment that expresses the likelihood that your houseguests will be able to connect to your wifi (I confess to having been the “firmware” guide — but also, having been reminded to do something about my own firmware when other difficult houseguests came to stay).
Germany’s ruling coalition is modifying the country’s legal “Störerhaftung” theory, which currently makes people liable for copyright infringement if they operate an open wifi network that someone else uses for copyright infringement, even if the operator didn’t and couldn’t know about it.
QF481, from Melbourne to Perth, was delayed last week because a passenger spotted a wifi network called “Detonation Device.”
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