I've had a look but can't seem to find what I'm looking for.
a man was downloading pirated goods under his landlords internet connect. the landlord is now trying to hold the man responsible for the downloads. can the landlord hold the man accountable for the pirated downloads? keeping in mind the internet connection is in the landlords name.
say the landlord can prove it's the man downloading, can the man be held responsible? or is it regardless, landlord is responsible?
Under the 3 strikes law, the account holder is liable. As the Internet connection is in the landlord's name, the landlord will be liable irrespective of who did the actual infringement.
However, it is possible for landlords to enter into a tenancy contract that specifies that the tenant will be liable. Nothing in copyright law prevents this. The landlord will still get the notices as the account holder and, if things go all the way, fined by the Copyright Tribunal. The landlord can then hold the tenant liable under the separate tenancy contract. It's not that easy as the landlord will have to take action against the tenant for contract enforcement but is perhaps a sufficient deterrent.
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