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Author Topic: Copyright Trolls' Bogus "Negligence" Theory Thrown Out Of Court Again  (Read 3817 times)

Greg Troy (KeepFighting)

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Here's an interesting article I found over on the EFF website. Apparently judges on both coasts have now ruled that the P2P trolls can no longer use their favorite tactic for suing which is the assume negligence of the defendant for not monitoring their Internet connection.

Quote
The "negligence" strategy had three fatal flaws, according to the court. First, an Internet subscriber like Mr. Hatfield has no legal duty to police his Internet connection to protect copyright owners like AF Holdings. Second, even if AF had a valid "negligence" claim against Mr. Hatfield under state personal injury law, federal copyright law would override it. This is called preemption. And finally, even if copyright law didn't trump a negligence claim, Section 230 of the federal Communications Decency Act probably would.

I consider this another victory for the anti-troll side and it seems of late we seem to be on a roll. Between favorable court decisions, rulings and legislative bodies starting to take an interest in trolling activities I feel like I am starting to see the light at the end of the tunnel. I think the only way that the trolls can possibly avert this is if they change their business model to asking for damages which are in the de minimis infringement range of about $150-$300. But as long as the trolls are asking for exorbitant sums and filing frivolous lawsuits they will continue to garner the attention of the courts, legislative bodies and anti-troll activists.

https://www.eff.org/deeplinks/2012/09/copyright-trolls-bogus-negligence-theory-fails-court-again
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

 

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