How about having Randazza actually support the claim of negligence in legal terms. Seems he has failed to do the same thing you are accusing Mike of.
That’s what negligence is: It is the law saying “You really should have seen that coming.” When you do something careless, and that carelessness costs someone else money, you pay the ”carelessness tax” – Negligence.
This is hardly a legal definition of negligence. The person and lawyer bringing the law suit have the burden of establishing negligence, not the person being accused.
Once the ISPs implement this scheme, and people start getting kicked off the Internet, I am thinking that there may be a possibility of a class action antitrust lawsuit against the RIAA/MPAA for using their granted monopolies in a manner that imposes undue influence over contracts between the ISPs and their subscribers.
They don't always go exactly where you'd want them to, and there's a definite variance in the amount of "pop" that results, and sometimes because of a shift in the wind they can turn around and shoot back at you, but overall we're pleased that they're there.
This same statement could also be used to describe numerous governments. Even here in the U.S.
Why, you ask? His letter tells us why. This is not the first exchange between Godwin and the FBI on this issue. Many of us would get snarky too if we were in his shoes and the FBI kept trying to misinterpret the law to their own end.