I received 2 infringement notices from Comcast. I work in IT and was able to trace the copyright infringements to a tenants computer. Can i sue them as they have made me liable for a copyright infringement suit?
Definitely maybe. However, it does not seem as if there is a copyright infringement suit. Is the tenant rightfully using your network?
Re: Lawsuit - yes, this is an intentional tort. See litigation attorney.
But if you have IT credentials then you can defend against the download claim and likely get the demand dropped. Before you do that protect the network from access allowing the unauthorized use.
My comments have been made without discussion. An attorney client relationship has not been established. There may be conflicts which prohibit my providing you with specific legal guidance. Any contact with you beyond these few general words will start with a disclosure of opposing parties so that a conflict check can be made. You should discuss with an attorney.
Sounds like the first thing for you to do is change your network's password! It seems that you can sue him for violation of the terms of your lease. You should also retain an experienced copyright attorney to respond to the notices.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
It is very unlikely you will be sued for copyright infringement.
It is much more likely that if the rights holder continues to complain Comcast will terminate your internet access account.
Comcast has joined The Copyright Alerts System which is an Internet service provider and content industry initiative to ferret out copyright infringers. You should query Google for [ Comcast "Copyright Alerts System" ] and read and also read its explanation of the system in its Customer Agreement via the link below.
If Comcast terminates your account would you have a legal cause of action against the tenant who actually engaged in the [alleged] infringement? Maybe. But he very likely has no money. So your lawsuit, even if successful, would be a waste of time and your money. If your lease provides you with the right to terminate his tenancy then you should consider doing so -- in consultation with your own Colorado-licensed business attorney [who should also consider amending your leases to specifically address this situation].
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
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