liability
If Person A gets permission to use Person B&#39;s computer, but uses it for illegal activities, who is held liable?
<p>I had this idea to make a network where people can get paid to let other people use their computer for computing purposes. Let's say they got permission to use Person B's computer under terms and conditions, basically saying:</p>

<p>"I will not do anything illegal using this computer."</p>

<p>And they agreed upon the terms. But Person A used Person B's computer to do something illegal like, let's say, distributing paid music for free (without permission) using that computer as a server, so they are violating copyright law. But how can one say "Person B is innocent!" in a valid way, before they have to even leave for court.</p>

<p>Oh, and Person A and Person B both have <strong>unlimited liability</strong>.</p>

<p>This is likely to depend on whether Person B is aware of what Person A is doing, regardless of any imputations Person A makes as to the nature of their business.</p>

<p>If Person B is aware, or it is found that Person B ought to have been aware, that Person A is doing something illegal, then they may be held contributorily liable for damages suffered.</p>

<p>For instance, in (what is still) a landmark case for copyright infringement, A&amp;M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (2001), Napster was found to be contributorily guilty of copyright infringement. </p>

<p>A defense that they attempted is they weren't aware of it - which was thrown out on the basis that they should have, and could have, known that it was happening.</p>

<p>I'm not a lawyer, but you'll need to give a lot more information about the situation for liability to be determined. Oh, and also &mdash; both of them could be held liable. It's not necessarily a case of one or the other.</p>
