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« ummmWhere do we stop? »
This is a sub-selection from Courts

Trencher

join:2007-02-12
Etobicoke, ON
reply to hottboiinnc

Re: Courts

So if were at a shooting range and I loan you my gun to shoot at the range and you accidentally shoot someone, will I get charged for letting you use that gun? Most likely not.... So it kinda goes against your original analogy.

hottboiinnc
ME

join:2003-10-15
Cleveland, OH
Not the same as the others.


JackKane

@covad.net
reply to Trencher
Actually, yes. In a case where you lend your car to someone, even if they have appropriate insurance (as does your vehicle), an accident victim could go after the vehicle owner and his assets. It's not criminal, but they could claim negligence and given good lawyering, they would win.

At a gun range people sign waivers, but basically an owner of an item could be found negligent even if he did not commit the crime. With HSI, there is a contract between the user and the ISP that you will not hold them liable for any of your actions (there may be Safe Harbor laws and so forth, I don't know the details). There are no contracts between your open hotspot and anonymous users, and it's likely to be a violation of your contract to willfully allow others to use your connection. Best defense would be ignorance, I would think.