James G. Sack (jim) wrote:
Ralph Shumaker wrote:
..
Hey, you made me think of another analogy.
If the neighbor has an orange tree overhanging my property, any oranges
falling onto my property are legally mine. And if I have an apple tree
overhanging his property, any apples falling onto his property are
legally his. So, by extension, if his WiFi oranges are falling into my
WiFi yard, they are mine, and if my WiFi apples are accepted by his AP
yard, then all should be fine (just as long as I'm not using my apples
to access his house/PC).
I do think the overhanging fruit argument _should_ have some credence,
but it seem (correct me if wrong..) that courts have actually decided
the opposite. Maybe future decisions will reverse or refine the current
rules.
Regards,
..jim
California law at least, is quite settled on this. Any part of a tree
that overhangs my property is effectively mine.
Some years ago my brother took advantage of this: a neighbor's trees,
which were adjacent to the property fence were dropping leaves and
blossoms and such from overhanging branches into his pool. He offered to
pay for the trees to be trimmed such that the problem would go away.
If the offer was refused (as it was initially), he would have the trees
removed altogether - even though they were rooted in the neighbor's
yard. He had the weight of the court behind him and the neighbor was
forced to have them trimmed.
A co-worker actually had his neighbor's tree removed for similar reasons.
--
Best Regards,
~DJA.
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