Quote:
Originally Posted by HarryT
No, it wouldn't. Let's take your viewpoint for a minute. Let's suppose there are four people using your IP connection, not to mention school friends, etc. There is proof that an illegal download was made via your IP connection. How can anyone prove who was actually responsible?
The only sensible way to do it (IMHO) is to handle it the same way that (in the UK at least) traffic offences are handled, which is to prosecute the legal owner of the vehicle, but give them the option of specifying who the actual driver was at the time. If the owner says "I don't know who was driving at the time" then it's the legal owner of the vehicle who gets prosecuted. Their vehicle; their responsibility.
Can you suggest a practical alternative? That's a serious question - I'm interested to know what other options you feel that there are here?
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I think you would scream the opposite opinion at the top of your lungs were it to actually happen to you. You are suggesting you would willing go to jail, without a peep, were my example to happen to you--"Shucks, it was my IP so I guess it was my bad! Lock me up, officer." I think you're taking a philosophical or principled stand without fully considering the potential downsides; the absurd outcomes.
The alternative is -- quite simply -- lay the burden of proof where it belongs, on those bringing the charges or making the accusation to prove it was you, and not another, that did the deed. And to do so either
beyond a reasonable doubt, or by a preponderance of the evidence, depending on the class of suit. I think your UK law differs from ours in that respect.
If, for whatever reason, that cannot be done, then the case cannot be prosecuted. While that may seem ugly, it is not as ugly as convicting an innocent person simply because they paid the bill.