At least, in Illinois. Two judges there are throwing out "John Doe" cases using IP addresses, since an IP address is not conclusive proof of who the person committing the offense was. The courts are now starting to treat IP-based cases as they should: the plaintiff's lack of diligence to identify the guilty party and the expectation of the court to do that work for them.

Of course, what stops some sicko from driving around and finding an unsecured router to get their illegal materials? Happens every day.