The entire Opinion and Order is nothing more than Judge Baer exercising his considerable discretion under the rules governing permissive joinder. Judicial discretion is exactly where judgment, experience and common sense come into play, fact finding is almost beside the point.
Going back to the drowning baby analogy. Scenario 1:Roomie is using my ISP to loot porn and I do nothing. Scenario 2: Roomie is looting porn and I try to stop him but fail because I am not a good preventer. Which scenario exposes me to a more viable negligence claim? Troll, your BS claim just does not hold water, much less float a tugboat.
Imagine your front yard has a mailbox and your neighbor strolls along and uses your mailbox to mail anthrax to Congress, under your analysis, you are liable? Better anology is the one every first year law student is presented:
You are walking down the street and see a baby face down in a pool water drowning. If you walk on by you are not negligent just an asshole.However, if you stop and try to save the baby but are unsuccessful you can be sued for negligence. In the first situation there is no legal duty of reasonable care in the second situation you have created such a duty.
In this mean spirited and BS lawsuit there is siimply no duty of care regardless as to how the troll tries to spin it.