| The Next Step Is.... For the RIAA/MPAA to demand a loophole in all wireless encryption schemes that allows them to connect to your network and check any and all files on your computers. Cuz you know, it's hard to sue everyone when all you have is an IP address - it's so much easier if they just have access to your network directly. Clearly this the only justifiable next step!
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It's really simple. _I_ paid for my router. _I_ pay for my internet access. My ISP says that so long as I'm not doing uber constant uploading (which I limit through router firmware and such) then they don't care what I'm doing (short of running a business off my home connection. To that end, no one has the right to tell me what to do with my equipment. No one.
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Don't Let Them Take Your Rights! |
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openbox9
join:2004-01-26
Alexandria, VA
kudos:2 | said by MASantangelo:no one has the right to tell me what to do with my equipment. No one. They're not trying to tell you what to do with your equipment, they just want you to be liable for what happens with your equipment. |
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| Same thing. They are essentially saying they can sue you for something somebody else is doing. ISPs don't have that liability. Why should open APs? |
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openbox9
join:2004-01-26
Alexandria, VA
kudos:2 | It is not the same thing. You are not an ISP.
Use the age-old analogy of selling firearms. Firearm distributors (ISPs) are not liable for your use of the firearm (your WAP), but you most definitely are.
There's the flip-side argument that if someone steals your vehicle, are you liable for the bank that's robbed when your vehicle is the get-away car? Of course not. But if you give your vehicle (open WAP) to the robbers, you should at least be culpable. |
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| said by openbox9:There's the flip-side argument that if someone steals your vehicle, are you liable for the bank that's robbed when your vehicle is the get-away car? Of course not. But if you give your vehicle (open WAP) to the robbers, you should at least be culpable. If you loan out your car to somebody, who then robs a bank, you will not be arrested for the robbery. The bank robber will. If they didn't catch the bank robber and found out it was your car they will definitely make you tell them who you loaned the car to, and you can definitely go do jail if you don't comply. However this is nowhere near being similar to a WAP scenario.
A better analogy would be if you left your house open for people to come in and somebody who came in decided to do a crime in your premises (murder, rape, extortion, whatever). Just because the crime happened in your house it doesn't mean you are responsible. If you prove you aren't the one who did the crime you are not liable for that crime.
The only way you would be liable is if it can be proven that you knew the crime was happening and allowed it to happen. The thing is when it comes to having an open AP there is no telling what somebody is doing on it. So you cannot be held responsible for something you are not aware of. Not to mention we are talking about a civil suite here so proving liability becomes a good deal more involved. |
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openbox9
join:2004-01-26
Alexandria, VA
kudos:2 | You're right about the civil suite thing, so how about this analogy. Your neighbor walks into your yard and while doing so breaks his/her leg by stepping in a hole in your yard that you knew was there, but chose not to fill in for whatever reason. He/She files suit for reimbursement of medical care and loss of wages due to his/her inability to work. Because of the fact the accident occurred on your property, you are liable and hence your home owner's insurance covers the bill. |
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| Maybe and maybe not. Private residential property liability doesn't hold the same assurances as if you were in public property or on the premises of a business. Sure in the courts it could go either way depending on the prerogative of the judge or jury, but it's not set in stone.
Besides the analogy isn't quite right in that someone comes into your homes (AP) and gets hurt (PC gets fried, picks up a virus, etc) doesn't fit the scenario of someone committing a crime on your property. If such a thing did happen the user who had their system damaged as a result of being on the open AP would have absolutely no recourse for blaming the AP. |
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