Quote:
Originally Posted by Toto
The IP address would have appeared to be sufficient in previous cases where the BPI have taken civil action, what I can't seem to find is a recorded civil case where the defendant has argued that whilst they are the account holder, they are not responsible for every piece of traffic through their network, and won. Anyone know of any?
Currently ISP's can claim "mere conduit" under EU law, but as far as I can tell, not the end user.
It's an interesting point though, and one that could have serious implications, and probably why there has never been any criminal action to date due to the burden of prove.
|
i expect the ISPs can get away with it because of the number of people involved, they themselves don't use the connections and they have a database of what connection belongs to who. now if you're a landlord and provide your tennants with a connection from VM (and so landlord is account holder) it would be up to them to show who was the culprit, and i would expect them to be let off