Very few automobile accidents are intended, but that doesn't let you off the hook, even if you weren't speeding, yakking on the cell...whatever, or whatever you claim that no one can prove otherwise.
How this philosophy may apply to the digital world is, IMHO, going to be one humongous precedent-setting suit. That is, if I install Win2K Server, and I have no idea what a port is, not to mention how many are beckoning enticingly to the coterie or crackers, and if I then become a factor in a DoS attack that costs Amazon an hour at $735 lost revenue per minute (I heard that today; have no idea if it is realistic), then do I and anyone else they can identify owe them? Seems that the, "Gosh I'm a newbie at this stuff..." argument is the same here as the application to the unprotected wireless net. But, geez, why not just put the AP and your wired stuff behind a cheap router/switch with NAT turned on. Then they would have to war-drive your 'hood in order to identify your node, would they not?? If those of you on ATTBI have read that AUP closely, you will note that hooking ANY device that is not reflected on your account (i.e. paid for) to the modem is deemed to be "theft of service" (something added when the excite schism occurred). Of course, they aren't enforcing that, to my knowledge, and it's not even clear how they can prove whether you are into NAT overloading. Can they? But the legal beagles probably want to establish the precedent, in case some one figures out how to do it, or you are naive enough to confess to the Helpless Desk folks (the last one wanted me to reboot my modem by unplugging BOTH ends of the power cord from wall and modem...WHAT!, but that was while I was remembering that I hadn't pushed the little reset button, and getting back in sync without unplugging either end). Kyot -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On Behalf Of Gene Sent: Thursday, June 27, 2002 4:05 PM To: [EMAIL PROTECTED] Subject: Re: [BAWUG] RE: Time Warner Nasty-gram I disargee with your assumption. It's not redistribution to a third party if it was not intended (stupidity, ignorance...maybe). You can't just assume that everyone in the world is computer literate and knows how to setup a WiFi access point that's protected. Most ppl, unfortunately, expect things to work since they plug it in (hence the term "plug n' play"). G. Enrique LaRoche wrote: > Here we disagree > > If someone driving by were to stop and login to the internet this would > > not seem to be an intentional redistribution. > > If your access point were unprotected, this would be redistribution. > > > The First time you advertised your hotspot , then it would seem to > > violate the agreement. > > This is also redistribution. > > To Violate an agreement one generally must have some intent to Violate. > > If I install my wireless connection to meet my needs and I do not need > security because I am simply not intertested in security then the burden is > not on me to protect the interests of AT+T > > If a particular level of security is required as a condition for using > wireless routers then this should be defined in the contract. > > > Looks like the only way these connections will mesh is via a truly > > underground and free approach. > > You can mesh the connections, but you cannot grant the mesh access to the > internet through your Time Warner account. > > For Example I have been in dense SanFrancisco neighborhoods and logged > > into several waps with no commercial intent. > > Were any of thoose users in violation? > > I doubt it. > > Yes, they were. > > Again I disagree. > unauthorized use of a connection does not depend upon your attempt to secure > the connection . > > If you find a stack of money in the bank lobby it is not yours just because > it was not locked in the vault. > > Authorized use of a connection requires authorization and any un authorized > use would not constitute redistribution. > > Least thats the world I am used to living in. -- general wireless list, a bawug thing <http://www.bawug.org/> [un]subscribe: http://lists.bawug.org/mailman/listinfo/wireless
