said by NetFixer:In this particular case (the case of MidniteRider deliberately operating an open publicly accessible WiFi hotspot in violation of Comcast's TOS), the copyright infringement is actually irrelevant. MidniteRider's actions allow Comcast to shut down the connection at their discretion simply for the TOS violation. OTOH, MidniteRider's actions could also create liability problems for MidniteRider for intentionally facilitating copyright violations (and MidniteRider's own defiant words in this thread could be interpreted as that being the intent).
Sorry, but you have it backwards... it is the TOS violation that is irrelevant. The OP received an email notice involving a copyright infringement... not a TOS violation complaint from Comcast. If anything 'happens' as a result of this it will be a court case from the copyright holder... not any action from Comcast.
FWIW, Yes, it is obvious he is admitting to a TOS violation by running an open network. At this point (unless they are reading this) Comcast knows nothing about it. I would even go so far as to say that, without an 'illegal use' issue to draw attention to it, there is really no way they would ever find out or really care for that matter. Sure they
could terminate his connection for the violation but would they really try to make an issue out of it... give up the income were it not for the headache of the copyright infringement? Just because he lets people check their email outside the walls of his premise?
The law is pretty clear cut on contributory infringement... you have to know about the infringement and provide assistance for the purpose of furthering the infringement. Running an open network doesn't qualify for that. Knowing about the infringement
after it happens doesn't cut it.