No, You Can't Claim 'Negligence' In a Copyright Case 108
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:What about ISPs (Score:5, Informative)
Ah, not BS, the judge dismissed the claim, which implies that in fact you can not sue someone for negligence simply for them using your hardware. Next time, might want to read the summary slightly more carefully.