[MLB-WIRELESS] Legal question

[rick]

this comes down to the clear point, these are our points of view jason, go
see a lawyer if you want the answer

-----Original Message-----
From: owner-melbwireless at wireless.org.au
[mailto:owner-melbwireless at wireless.org.au]On Behalf Of Jon Teh
Sent: Sunday, 30 May 2004 7:25 PM
To: melbwireless at wireless.org.au
Subject: Re: [MLB-WIRELESS] Legal question


On Sun, May 30, 2004 at 06:37:01PM +1000, rick wrote:
> what? im not a member of a free open network, im a member of a community
> wireless group

What on Earth is the difference? Unless your 'community wireless
group' is not free, it's a free open network.

> we are also a network not a net server/isp so if someone connects to my ap
> they arnt stealing net access from me or thru me

So it is a network now? I thought it was a 'community wireless group"...

> the law isnt grey its black and white, its not a bit illegal its ither
> illegal or not

This is not at all true.

There are a number of factors that determines wether or not a particular
thing is illegal or not.

These factors may vary between severity of action, intent, wether the
magistrate woke up on the right side of the bed in the morning, and much
more.

Plenty of areas of laws are commonly known as 'grey areas', generally
these areas are ones that have not been tested under comparable
circumstances previously in the courts system so as to create a legal
precedence.

However, I will remember to call upon the rick Legal Service which can
determine the outcome of a court case with 100% certainty before it
goes to court.

> this is my final word on this subject, it has been talked about before and
> will be spoken about again
>
> using someones network without expressed permission is against the law
> (fact) nomatter if its wired or wireless

This is a grave oversimplification of the matter by any stretch of the
imagination.

I have an access point on my house, people are free to connect to it
as they wish, and they may do so *without* my permission. I do not
consider this illegal or of a tort like nature.
>
> dhcp or a open access point doesnt give you expressed permission
>

It may not give express permission, it doesn't give express denial
either.

An Access Point exhibiting a lack of WEP protection, mandated encrypted
tunnels or authentication, and providing automatic provision of an IP
could be seen to be one allowing free general access.


Regards,

-- Jon Teh

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