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JohnInSJ
Premium
join:2003-09-22
Aptos, CA
reply to mick_light

Re: Second Bogus Notice of Claim of Copyright Infringement

It is a violation of the TOS to have an open wifi. It is also a poor defense in a legal case. However, and this is the MOST IMPORTANT POINT, Comcast isn't going to sue the OP, they will after 5 (or 6?) of these letters simply cut off his interent for a year. Without trial. Without appeal. Because they can.

So personally I would not throw away the letter, I would secure my wifi.
--
My place : »www.schettino.us

CXM_Splicer
Looking at the bigger picture
Premium
join:2011-08-11
NYC
kudos:2
quote:
It is also a poor defense in a legal case.

Why? If the goal of the plaintiff is to prove that you are the infringer then how is this a 'poor defense'?

mick_light

join:2012-07-21
Niles, MI

1 edit
said by CXM_Splicer:

quote:
It is also a poor defense in a legal case.

Why? If the goal of the plaintiff is to prove that you are the infringer then how is this a 'poor defense'?

Exactly....its not.

That court case I posted is from a U.S. District court ruling in New York. Its not from some county judge that holds no weight in the court arena. A U.S. District judge does hold some clout and future precedence will be determined by his ruling on this matter.

Bottom line its not a TOS issue like one of the other posters said. Its a 'copyright infringement' matter. And a judge has made a ruling (and a very clear one at that) that can be used in future court cases of this type that basically "An i.p. does not equate to an ISP user". There is no need for any more discussion that's all that matters and it speaks volumes.

Throw the letter away and don't look back.

mick_light

join:2012-07-21
Niles, MI
reply to JohnInSJ
said by JohnInSJ:

It is a violation of the TOS to have an open wifi. It is also a poor defense in a legal case. However, and this is the MOST IMPORTANT POINT, Comcast isn't going to sue the OP, they will after 5 (or 6?) of these letters simply cut off his interent for a year. Without trial. Without appeal. Because they can.

So personally I would not throw away the letter, I would secure my wifi.

Speaking of securing something the ISP fails to tell you is it will slow down your surfing from wireless connections. So if the wife is in the living room on her laptop and the router is in the bedroom and each and every packet she is sending to and from the router has to be encrypted and decrypted....running unsecured is a viable option to speed up that connection. Securing a WI-FI signal can rob you anywhere from 5% to 30% of throughput.