No, You Can't Claim 'Negligence' In a Copyright Case

NewYorkCountryLawyer writes "In one of the myriad BitTorrent downloading cases against individuals, one plaintiff's law firm thought they'd be clever and insert a 'negligence' claim, saying that the defendant was negligent in failing to supervise his roommate's use of his WiFi access. Defendant moved to dismiss the negligence claim on the ground that it was preempted by the Copyright Act, and the Electronic Frontier Foundation filed an amicus curiae brief (PDF) agreeing with him. Judge Lewis A. Kaplan agreed, and dismissed the complaint, holding that the 'negligence' claim was preempted by the Copyright Act."

Re:Negligence

[yotto]

a negligence claim ... doesn't have to involve nukes, and usually it doesn't.

[citation needed]

/Actually, I don't need one for that. Seems pretty likely.
//In fact, I bet you could add "it usually doesn't involve nukes" after almost every statement humans have ever made and it'd be true.