Open WiFi Owners Off the Hook In Germany
ulash writes "Ars Technica reports that a court in Germany ruled in favor of an open WiFi network owner stating that if other users use your open WiFi network without your consent and download copyrighted material, you cannot be automatically held responsible for their actions. This does not carry much (if any) weight in the US but here is to hoping that it will at least have a positive impact in the EU as starters."
Do taxpayers get reprimanded for drug trafficking done on roads their tax dollars pay for? So why should someone providing network access be reprimanded for illegal action done by someone else on their connection? Who knows.
Step 1:get wifi router and leave it open
step 2:use other people's wifi
step 3:instant immunity for all
If so, then people are free to do whatever cybercrime they feel, claiming it was the neighbour.
I don't think this will stand.
What sort of precedent does this set with regards to other forms of illegal activity that take place over an open wifi connection? Does anybody have more experience with German case law? Fritz-sixpack might be off the line for copyright infringement, but what about some "think of the children" crime?
Does that make WEP like standing there with clear pants on? Technically your ass is covered...
Me failed English...
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one interesting fact. You are only off-hook if you didn't know that your wifi can be used by someone else (this was the case here). If you are offering wireless LAN access to people for free, you still can and WILL be hold responsible when anyone of your users commits a crime. You don't have rights like ISPs have.
All well and good for prosecution immunity, but why would anyone keep an open access point these days?
I live on a main street with many business people walking past with their WiFi enabled devices. If I didn't have my access point locked down hard they'd blow my bandwidth limit inside a few days.
Finally some common sense from the courts. If I leave my doors unlocked, as I often do, and someone comes into my house and commits a rape there, why should I be held responsbile?
In the US the lobby's are so powerful that common snese goes out the window. If something could be used as an excuse, it doesn't matter if the excuse is valid or not, the excuse itself must be removed.
At least Germnay is showing some sense here.
What's to stop hackers from setting up open wifi networks with poor security, hacking their own networks to perform criminal acts, then claiming that someone else did the hack and they aren't liable for what others do over their open wifi?
Mobs have been laundering money thanks to ignorant loopholes like this for over a century!
War as we knew it was obsolete
Nothing could beat complete denial
- Emily Haines
Negligence?! You're kidding right?
If you look at it this way you'll kill WiFi. Imagine I own a coffee shop (hell this is the Internet - for all you know I do) and I want to provide WiFi to get laptop toting punters in (access could be paid for or free - it matters not). How do I do this without opening myself up to some lawsuit? Don't be silly, if some patron downloads a song while sipping an expresso in my coffee emporium, the he (or she) is responsible for that, not me, just trying to scrap a living selling caffeinated hot beverages.
(Right I'm off to put the kettle on - there's punters here!)
I can now just spoof a MAC adress, download as crazy and tell them it wasn't me.
With truecrypt they can't even see what I have downloaded and saved.
Don't fight for your country, if your country does not fight for you.
Your own Wifi laptop connected to your open wifi network, and hidden in a good place. Cop come and will confiscate your OPEN wifi with no evidence whatsoever that you did anything. Who will be searching for a second laptop which use your open wifi ?
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You miss the point completely. They called it an "abstract risk of abuse" and that it didn't require him by law to lock down the network.
So the pretty much said it wasn't negligence (which is pretty much common sense, if you look up the definition)
Fixed that for you.
Forget magic. Any technology distinguishable from divine power is insufficiently advanced.
The benefits of more freely available WiFi from cooperative individuals should benefit the society more and sooner, by far. e.g. mobile persons who prefer their notebooks for some inexpensive communication on trips to $99/mo "unlimited" cell phones or mobile internet accounts. Only rent seeking RIAA-SCO-telecom-corporatists and Nazi-Soviet-statist types are pushing WiFi restrictions and the fear campaign. Also, a society where every ISP connection is registered is one where free speech and privacy is on a very short leash. Having been to work in such countries before, it will be best to be leaving if you are not one of the elite class (top 1-2% incomes) running the show.