Copyright Trolls' Bogus "Negligence" Theory Thrown Out Of Court Again
Judges on both coasts of the U.S. have now rejected one of the copyright trolls' favorite tactics - suing an Internet subscriber for "negligence" when someone else allegedly downloaded a movie illegally. Judge Phyllis Hamilton of the Northern California federal court threw out a negligence suit by a Caribbean holding company against a Californian, Joshua Hatfield. The company, AF Holdings, had alleged that Mr. Hatfield allowed unnamed third parties to use his Internet connection to download a pornographic movie using BitTorrent, infringing copyright. Judge Hamilton ruled that Hatfield was not responsible for the actions of strangers. She joins Judge Kaplan of the Southern District of New York, who reached the same conclusions in another case in July.
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.
Copyright owner representatives, from the Recording Industry Association of America and the Motion Picture Association of America to the fleet of troll lawyers filing shakedown suits on behalf of porn studios, don't like the protections that federal law gives to Internet providers and their subscribers who allow others to use their network connections. Though the protections are far from perfect, the laws, including Section 230 of the CDA, Section 512 of the DMCA, and the "secondary liability" principles laid down by the Supreme Court, give Internet providers and their subscribers some peace of mind. Opening your Internet connection to the public is a way of strengthening communities and helping innovation, as we've written in this blog and in court papers. This week's ruling, along with the Tabora ruling in New York, send a strong judicial message that copyright owners can't use legal tricks to bypass the law's protections for Internet access points.
There are still many open cases in the federal courts where copyright owners are trying to use this bogus legal theory. People caught up in these cases should be able to use the Hatfield and Tabora rulings to get these suits dismissed quickly, without high legal fees. They may even be able to get their legal fees paid by the plaintiff, as "copyright negligence" claims move ever closer to being declared a frivolous and harassing misuse of the legal system. If you've been targeted by a copyright troll, visit this page for resources.
Files
Recent DeepLinks Posts
-
Oct 28, 2014
-
Oct 28, 2014
-
Oct 28, 2014
-
Oct 27, 2014
-
Oct 26, 2014
Deeplinks Topics
- Abortion Reporting
- Analog Hole
- Anonymity
- Anti-Counterfeiting Trade Agreement
- Biometrics
- Bloggers' Rights
- Broadcast Flag
- Broadcasting Treaty
- CALEA
- Cell Tracking
- Coders' Rights Project
- Computer Fraud And Abuse Act Reform
- Content Blocking
- Copyright Trolls
- Council of Europe
- Cyber Security Legislation
- CyberSLAPP
- Defend Your Right to Repair!
- Defending Digital Voices
- Development Agenda
- Digital Books
- Digital Radio
- Digital Video
- DMCA
- DMCA Rulemaking
- Do Not Track
- DRM
- E-Voting Rights
- EFF Europe
- Encrypting the Web
- Export Controls
- Fair Use and Intellectual Property: Defending the Balance
- FAQs for Lodsys Targets
- File Sharing
- Fixing Copyright? The 2013-2014 Copyright Review Process
- Free Speech
- FTAA
- Genetic Information Privacy
- Hollywood v. DVD
- How Patents Hinder Innovation (Graphic)
- Innovation
- International
- International Privacy Standards
- Internet Governance Forum
- Know Your Rights
- Law Enforcement Access
- Legislative Solutions for Patent Reform
- Locational Privacy
- Mandatory Data Retention
- Mandatory National IDs and Biometric Databases
- Mass Surveillance Technologies
- Medical Privacy
- National Security and Medical Information
- National Security Letters
- Net Neutrality
- No Downtime for Free Speech
- NSA Spying
- OECD
- Online Behavioral Tracking
- Open Access
- Open Wireless
- Patent Busting Project
- Patent Trolls
- Patents
- PATRIOT Act
- Pen Trap
- Policy Analysis
- Printers
- Privacy
- Public Health Reporting and Hospital Discharge Data
- Reading Accessibility
- Real ID
- RFID
- Search Engines
- Search Incident to Arrest
- Section 230 of the Communications Decency Act
- Security
- Social Networks
- SOPA/PIPA: Internet Blacklist Legislation
- State-Sponsored Malware
- Student and Community Organizing
- Surveillance and Human Rights
- Surveillance Drones
- Terms Of (Ab)Use
- Test Your ISP
- The "Six Strikes" Copyright Surveillance Machine
- The Global Network Initiative
- The Law and Medical Privacy
- Trans-Pacific Partnership Agreement
- Transparency
- Travel Screening
- TRIPS
- Trusted Computing
- Uncategorized
- Video Games
- Wikileaks
- WIPO





eff.org/nsa-spying
