Quote: "Sorry but that analogy is just plain rubbish. "
No, it's not. They used access supplied by my property to do something illegal. How is that rubbish? It's the closest analogy so far in this thread.
If he claims his wifi is encrypted (and remember, he's actually innocent) then the only people who could have downloaded the material are those with legitimate access to the wifi, at least in most peoples eyes - hence he's saying he or someone in his family is guilty. If the wifi isn't encrypted, then he can legitimately say that anyone could have done it. Either way, he can't prove he didn't, but on balance the guy with encryption is more likely to be seen as lying - he has an encrypted connection after all, and everyone knows that makes wifi safe, don't they?
Also, you have to consider that the average internet user knows nothing about wifi encryption, and if this thing has legs, they will then be criminals-in-waiting, just waiting for a copyright infringer to use their connection without their knowledge or consent, completely undetectably and unlogged. Or at least undetectably until the summons appears through their front door.
I also have to consider that I don't want to be accused of anything to do with copyright infringement, or my family, or my friends, when someone else uses my/their connection to infringe.
I don't understand the logic behind these accusations (at least on an actual 'law' point of view). If that kind of theory of liability is used then taking it to one logical extreme, the ISP is also guilty and so are the backbone carriers - that all allowed the access to take place after all!
The accusation filed seems to say:
If we find the files on your system, you're guilty.
If we don't find files on your system, then you're guilty anyway.
For the people in this case that did infringe, prove it, declare them guilty and then move on, but to declare someone guilty no matter what when their guilt is not proven (which is what this case appears to be trying to do to some of these people) is unjust and plain wrong.