from the no,-it's-not dept
But, apparently, that doesn't stop some from still trotting it out. The CopyrightClerk site has the news of a recently filed lawsuit by Daniel Ruggiero, which has a number of claims -- with the final one being the same old negligence theory.
Defendant had a duty to secure his Internet connection. Defendant breached that duty by failing to secure his Internet connection.Of course, there is absolutely nothing that supports those two statements, and the previous courts looking at such claims have already made that clear. Those rulings may not be precedential on this court (eastern district, Pennsylvania), but judges often are interested in how others have ruled on similar issues. One hopes that the defendant in this case, Andrew Burdziak, will make sure whoever represents him makes the judge aware of those other rulings.
Reasonable Internet users take steps to secure their Internet access accounts preventing the use of such accounts for an illegal purpose. Defendant’s failure to secure his Internet access account, thereby allowing for its illegal use, constitutes a breach of the ordinary care that a reasonable Internet account holder would do under like circumstances.