Leaving Wi-Fi Connections 'Open' Can Be Costly

HAMILTON, Ohio — Is leaving your Wi-Fi connection open "negligent"?

More attorneys are saying yes, and some have even added negligence claims to BitTorrent suits that allege poached content.

One defendant named in a recent BitTorrent suit recently was ordered to pay $10,401 despite statements that he never downloaded or uploaded any of the porn studio's content. In the judgment, he acknowledged his negligence for not securing his connection.

That case, among others, is a cautionary tale for those who don't lock down their connections to the outside world, or even inside their home or office.

Take, for instance, the case of Doe No. 605, who is defending a porn BitTorrent copyright claim with 2,009 other defendants in a claim brought on by adult studio Third Degree Films.

Last week, Doe No. 605 asked a federal judge to quash a subpoena for his identity because he said he had no control over who accessed his Internet connection to steal content inside his home.

Doe No. 605 said that other roommates in his Ohio three-story home could easily been able to have access and download copyright-protected porn.

"The likelihood that an individual, other than Doe No. 605, infringed plaintiff’s copyrights is too great to support any correlation between Doe No. 605 and the alleged violation that plaintiff seeks to prove," Doe's motion to quash brief said.

But that defense is horse manure, some attorneys say.

"I've seen this argument for a motion to quash time and time again," adult industry attorney Marc Randazza told XBIZ. "The attorney defending the Doe simply is looking for a guilty party, and it's not the defendant."

Randazza has compiled a paper (available below) titled "Why Negligence in Torrent Cases?" that explores the risks associated with not locking down your Wi-Fi connection.

"The vast majority of Americans recognize that leaving their Wi-Fi connection open is foolhardy and likely to lead to trouble," Randazza says. "I have heard other lawyers compare leaving your Wi-Fi open to leaving a loaded gun lying around. I think comparing open Wi-Fi to a loaded gun is overly melodramatic and hysterical.

"However, the point is well taken — you are leaving the instrumentality of an illegal act out there for anyone to use."

View "Why Negligence in Torrent Cases?"

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Show More