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JimF
Premium
join:2003-06-15
Allentown, PA

reply to FifthE1ement

Re: Of course it isn't.

said by FifthE1ement:

Great analogy, however should you then be responsible if said thieves steal your car keys and use your car to rob a bank? Then the cops come to your house and take you to jail or try to get you to pay for what they stole?! No one would believe that yet that is what they are trying to do on a digital scale.

There are so many people living in condominiums and apartments that hack aka steal other peoples internet. I don't think victims should be forced to pay for something they didn't do. If a thief wants to download the newest movie he is going to use someone else's internet if he can and not his own.

There has got to be a better way and this isn't it.

No, under the criminal law you would not be liable, since the theves would have to make an active effort, and have an intent to steal. But if you have a swimming pool that is unfenced and a neighbor child drowns in it, you will probably be liable for money damages under the "attractive nuisance" doctrine. You might also be liable for criminal negligence of some sort, depending on your intent in building the pool and how you used and protected it.

In the case of a router, you are actually sending the signals off of your property. That might be considered an invitation for others to use them for any purpose. If you knew that they were being used for illegal purposes, or even knew that it was reasonably likely, then you might be liable. It is a new technology, and the law is still developing.

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