uh, I sort of follow your argument, but when you diverge to copyright law, you're quite wrong. Copyright case law is well established, and it says that the author has a copyright to _any_ material that author creates, regardless of whether the material was marked with a copyright notice.
Greg DesBrisay On Tue, 2003-03-18 at 08:54, Jay R. Ashworth wrote: > On Tue, Mar 18, 2003 at 08:18:39AM -0800, Enrique LaRoche wrote: > > > Folks - it took a while but here's the answer from the FBI on > > > the legal view > > > of wireless scanning: > > > > > > As for your question regarding netstumbling, it's not illegal > > > to scan, but > > > once a theft of service, denial of service, or theft of > > > information occurs, > > > then it becomes a federal violation through 18USC 1030. The > > > FBI does not > > > have a website with this type of information. You either > > > need to pose the > > > question to us or a cyber crime attorney (or our US > > > attorney's office). > > > This defines what responsibilities I have as an AP owner and it also defines > > who is wrong when there is an unauthorized use. > > > > It is not my responsibility to secure my AP it is a crime for you to use my > > service without permission or hack my server even if I have a completely > > open site. > > Bzzzt. Wrong answer, but thanks for playing. > > You are making the implicit assertion that *any* access point you don't > have explicit knowledge of and permission to use is *not* open for > public usage -- and the environment makes it clear that this is simply > not a proper assertion: there are almost a dozen websites which list > freely-accessible AP's. > > That these websites, and these AP's exist is prima facie evidence that > the concept of "Open AP" is not merely something invented by defendents > in a court case... and by extension, that if you don't want people > using your AP, you had better not leave it open. > > Was that a sufficiently clear exposition? > > If you want to be able to press *criminal* copyright infringement > charges, it's incumbent on *you* to register. Same thing here. > > Cheers, > -- jra > -- > Jay R. Ashworth [EMAIL PROTECTED] > Member of the Technical Staff Baylink RFC 2100 > The Suncoast Freenet The Things I Think > Tampa Bay, Florida http://baylink.pitas.com +1 727 647 1274 > > "If you don't have a dream; how're you gonna have a dream come true?" > -- Captain Sensible, The Damned (from South Pacific's "Happy Talk") > -- > general wireless list, a bawug thing <http://www.bawug.org/> > [un]subscribe: http://lists.bawug.org/mailman/listinfo/wireless -- general wireless list, a bawug thing <http://www.bawug.org/> [un]subscribe: http://lists.bawug.org/mailman/listinfo/wireless
