Quote:
Originally Posted by mr ploppy
The ISP will only know what went to that IP address, they would have no way of knowing if it was a drive-by downloader or a cloned modem or not.
But what happens when someone doesn't own up to a different crime? Do they prosecute the entire family or look for further evidence until they can prove which one it was?
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Well, as I've said before, in the case of a speeding offence, the registered keeper of the vehicle will get fined. I have looked at the pictures taken on the two occasions when I've had speeding tickets, and in neither was the driver visible.
Guilt in a civil case is on the balance of probabilities. If evidence can be produced to show that a downloaded file was sent to a particular IP address, and the ISP shows that that IP address was assigned to Mr. Smith at the time that the time was downloaded, then a reasonable person would conclude that either Mr. Smith or someone in his household did indeed, on the balance of probabilities, download that file. I really do not see how this can be denied.