Comment Re:So what's a "victim" to do? (Score 1) 254
It just doesn't matter. You are expected to secure your wifi and not doing so isn't a blanket excuse. If it were then everyone would leave their wifi open and there would be no suits.
There is no law, legal requirement, or precedent (AFAIK) that one must secure your router.
Adding to that, there is no law saying the owner of the router is to be punished for unauthorized but illegal use of their network.
Otherwise, people who pirate on coffee shop networks would therefore get the coffee shop in trouble.
BTW, if you have the money, you can get your lawyer to convince the judge to have a jury, you can convince them that the router was hacked regardless of the letter of the law. Remember, in the USA juries can in most cases override the law if they want.
Though the loosing side can always appeal and I'm sure in this instant the MPAA/RIAA have the money.
That said, I'm more concerned about someone hacking my own network to do illegal activity to get me in trouble as I live in a very populous neighborhood. Though, its on of those situations where I just have to be faster than the slowest person to outrun the bear and there does seem to be open networks around me.
I'm not pro-piracy at all, its just that what you are advocating is that innocent people are guilty of copyright infringment if their networks are used unauthorized.