begin  quoting Andrew Lentvorski as of Sun, Mar 16, 2008 at 07:46:19PM -0700:
> Ralph Shumaker wrote:
> >Andrew Lentvorski wrote:
> >>Tracy R Reed wrote:
> >>>But I'm just an ignorant user who doesn't know anything about 
> >>>wireless technology. I open my laptop, and it works. But I am 
> >>>violating your wishes. One of us has to get educated. As you are the 
> >>>operator of the hypothetical access point and making demands that I 
> >>>not use it I suggest it be you.
> >>
> >>Again, the law is clear about this.  Making use of a resource places 
> >>the burden of proof and permission on the *user*, not the provider.
> >
> >And the _law_ is always right. ;)
> 
> At no point did I claim the law was right even in *this* instance let 
> alone in all cases.  :P

This is true.

> I simply claimed it was clear in this particular case.
> 
> However, in the instance of resources with limits, I actually do think 
> that having the burden on the one who wishes to use the resource to show 
> permission is actually the right thing.

It would be nice if the courts would fine both parties.

"Rob Idiot, the court finds you guilty of unlawful utilization of
another's bandwidth for three months, and hereby fines you $300, an
amount being twice the cost of the service in that time frame."

"Joe Stupid, the court finds you guilty of careless configuration
of a networked resource and wasting the court's time, and hereby fines
you $875 in court costs and fees."

-- 
Everybody wins when everybody loses, some for sins and some for bruises.
Stewart Stremler


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