Plaintiff has not articulated any basis for imposing on Defendant a legal duty to prevent the infringement of Plaintiff's copyrighted works, and the court is aware of none. Defendant is not alleged to have any special relationship with Plaintiff that would give rise to a duty to protect Plaintiff's copyrights, and is also not alleged to have engaged in any misfeasance by which he created a risk of peril.
The allegations in the complaint are general assertions that in failing to take action to "secure" access to his Internet connection, Defendant failed to protect Plaintiffs from harm. Thus, the complaint plainly alleges that Defendant's supposed liability is based on his failure to take particular actions, and not on the taking of any affirmative actions. This allegation of non-feasance cannot support a claim of negligence in the absence of facts showing the existence of a special relationship.
- No duty to secure a WiFi access point;
- Any claim of breach of such duty resulting in copyright infringement would be preempted by copyright law; and
- Any attempt to impose liability on the WiFi access point owner would likely be defeated by Sec. 230 immunity.