Not always true. If you can be demonstrate that no reasonable person would be aware of it, then you can convince a jury that they shouldn't convict.
That *is* a gamble, however. Kurt On Wed, Dec 2, 2009 at 12:31, Jonathan Link <[email protected]> wrote: > Ignorance of the law is not a defense. > > On Wed, Dec 2, 2009 at 2:48 PM, Don Ely <[email protected]> wrote: >> >> Ignorance is not defensible in court... >> >> On 12/2/09, Phillip Partipilo <[email protected]> wrote: >> > I'd imagine they would have to prove that you were competent enough to >> > configure the security. Wardrive through an industrial area full of >> > relatively small-time auto garages sometime (WiFiFoFum). You're >> > unlikely to >> > find many secured APs. Since they will work right out of the box >> > without >> > configuring when attached to any modern high speed modem, those not >> > "into" >> > computers may find out "hey, it just works, that was easy, cool." And >> > that's >> > the end of it. >> > >> > >> > >> > >> > >> > Phillip Partipilo >> > >> > Parametric Solutions Inc. >> > >> > Jupiter, Florida >> > >> > (561) 747-6107 >> > >> > >> > >> > >> > >> > From: Ziots, Edward [mailto:[email protected]] >> > Sent: Wednesday, December 02, 2009 12:18 PM >> > To: NT System Admin Issues >> > Subject: RE: OT, heads up free wifi >> > >> > >> > >> > Just in short, >> > >> > >> > >> > The Pub owner, didn't practice Due-care nor Due-Diligence, in there >> > wireless >> > setup, thus allowing someone (s) to usethere network to commit crimes. >> > Therefore I would have to agree that the Pub Owner is liable and the >> > person >> > that downloaded the copyrighted material is also guilty. >> > >> > >> > >> > Civil Court is based on Tort Law, there just needs to be a Preponderance >> > of >> > evidence to determine guilt/liability. >> > >> > >> > >> > preponderance of evidence >> > >> > The degree of proof reequired in most civil actions. It means that the >> > greater weight and value of the credible evidence, taken as a whole. >> > belongs >> > to one side in a lawsuit rather to the other side. In other words, the >> > party >> > whose evidence is more convincing has a "preponderance of evidence" on >> > its >> > side and must, as a matter of law, prevail in the lawsuit because it has >> > met >> > its burden of proof. >> > >> > >> > >> > Therefore logs from the wireless router showing the connection from said >> > person to the wireless AP which was not protected ( lack of >> > due-diligence or >> > due-care) along with no warning for anyone attaching to the wireless >> > AP/Network, and copyright infringement conducted over said network ( >> > bases >> > for the communication to download such works, illegally) equals to me >> > preponderance of evidence by a long mile, and thus guilt on both >> > reguards ( >> > the wireless AP provider, and the party which downloaded the material) >> > >> > >> > >> > PS: I am not a lawyer and this is not legal guidance, but it's a good >> > case >> > to reinforce the CISSP material I am studying for in FEB 2010. >> > >> > >> > >> > Z >> > >> > >> > >> > Edward Ziots >> > >> > Network Engineer >> > >> > Lifespan Organization >> > >> > MCSE,MCSA,MCP+I, ME, CCA, Security +, Network + >> > >> > [email protected] >> > >> > Phone:401-639-3505 >> > >> > _____ >> > >> > From: C.E. Gene Connor [mailto:[email protected]] >> > Sent: Tuesday, December 01, 2009 3:58 PM >> > To: NT System Admin Issues >> > Subject: OT, heads up free wifi >> > >> > >> > >> > I came across this bit of what I see as a use less use of a court >> > system. >> > >> > http://news.cnet.com/8301-1009_3-10405824-83.html?tag=nl.e757 >> > >> > >> > >> > Or why something like this would even make it in front of a judge in >> > the >> > first place. A law may have been broken and I support any laws that keep >> > anyone from stealing something that doesn't belong to them!! >> > >> > >> > >> > But, I'm really worried about where all this is going. I have a out of >> > work >> > friend that lives next to me. I let him from time to time log into my >> > wireless network to job hunt and check his mail. Am I going to be put in >> > jail if he downloads something? Maybe I need to stop before they come >> > knocking on my door. >> > >> > >> > >> > Either way I just wanted you all to have a read over this. And maybe >> > your >> > company and legal dept. could prevent something as this. In the event >> > you >> > all might need to put into affect a user policy for you all wireless >> > network. For if I read it right and understand it? It could happen to >> > any >> > one on this list or any of your users etc. >> > >> > >> > >> > And yes, I know this happened across the other side of the world. But, >> > you >> > never know where it might go next. >> > >> > >> > >> > -- >> > Gene C. >> > >> > In Memory of my little brother >> > http://genec-lori.com/ >> > >> > PackRat GarageSale >> > http://genec-lori.biz/ >> > >> > Genes-Computers Inc. >> > Yulee ,Fl >> > Established 1981, Microsoft OEM Registered member, system builder & >> > Active >> > registered Microsoft Partner >> > Active Charter Partner of The Association of System Builders and >> > Integrators >> > If you think you're beaten, Then you are! >> > If you give up the fight, Accept it !! >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > >> > _____ >> > >> > If this email is spam, report it here: >> > >> > >> > <http://www.onlymyemail.com/view/?action=reportSpam&Id=ODEzNjQ6MTAxMzIxOTkxO >> > TpwanBAcHNuZXQuY29t> http://www.OnlyMyEmail.com/ReportSpam >> > THIS ELECTRONIC MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND >> > PROPRIETARY >> > PROPERTY OF THE SENDER. THE INFORMATION IS INTENDED FOR USE BY THE >> > ADDRESSEE >> > ONLY. ANY OTHER INTERCEPTION, COPYING, ACCESSING, OR DISCLOSURE OF THIS >> > MESSAGE IS PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, >> > PLEASE >> > IMMEDIATELY NOTIFY THE SENDER AND DELETE THIS MAIL AND ALL ATTACHMENTS. >> > DO >> > NOT FORWARD THIS MESSAGE WITHOUT PERMISSION OF THE SENDER. >> > >> > >> > >> > THIS ELECTRONIC MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL >> > AND PROPRIETARY PROPERTY OF THE SENDER. THE INFORMATION IS >> > INTENDED FOR USE BY THE ADDRESSEE ONLY. ANY OTHER INTERCEPTION, >> > COPYING, ACCESSING, OR DISCLOSURE OF THIS MESSAGE IS PROHIBITED. >> > IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY >> > NOTIFY THE SENDER AND DELETE THIS MAIL AND ALL ATTACHMENTS. DO NOT >> > FORWARD THIS MESSAGE WITHOUT PERMISSION OF THE SENDER. >> > >> > ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ >> > ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~ >> >> -- >> Sent from my mobile device >> >> ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ >> ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~ > > > > ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
