Submitted via IRC for TheMightyBuzzard
Court Rules on Merits of IP Address Identification in Open WiFi Case:
The Ninth Circuit Court of Appeals was presented with a case about open WiFi and the responsibility of the owner of the network when someone commits copyright infringement on the IP address. Thomas Gonzalez was sued by the makers of the Adam Sandler movie, The Cobbler. He had won his initial day in court, but the copyright owners appealed the decision. In the new ruling (pdf), Judge Margaret McKeown had this to say, "In this copyright action, we consider whether a bare allegation that a defendant is the registered subscriber of an Internet Protocol ('IP') address associated with infringing activity is sufficient to state a claim for direct or contributory infringement." She then states, "We conclude that it is not."
From the ruling:
The district court properly dismissed Cobbler Nevada's claims. The direct infringement claim fails because Gonzales's status as the registered subscriber of an infringing IP address, standing alone, does not create a reasonable inference that he is also the infringer. Because multiple devices and individuals may be able to connect via an IP address, simply identifying the IP subscriber solves only part of the puzzle. A plaintiff must allege something more to create a reasonable inference that a subscriber is also an infringer. Nor can Cobbler Nevada succeed on a contributory infringement theory because, without allegations of intentional encouragement or inducement of infringement, an individual's failure to take affirmative steps to police his internet connection is insufficient to state a claim.
(Score: 2) by DannyB on Friday August 31 2018, @06:58PM
My last three words were "you've got music". So I would lump the modem noise in with music in the sense of categorization.
Not in the sense that such art and music engages my brain in any meaningful way.
Now there is art and music which I don't like that I would gladly (not grudgingly) recognize as art and music. I may not like the sound of some rap artist, but I recognize that they do communicate and engage their listener. It's not random and it's not line noise. It is a deliberate creative act, even if I don't care to listen to it.
Similarly with art. Even if I don't like it, it is art if it is a creative act in some sense. Although that definition can be stretched to absurdity.
The lower I set my standards the more accomplishments I have.