[aklug] Re: Open Wifi Networks

Quoting adam bultman <adamb@glaven.org>:

>
>
> On 05/01/2011 01:57 PM, barsalou wrote:
>> It is obvious that having an open access point might expose you to
>> liability, but if that is the case, why wouldn't ISP's be liable as
>> well?
> I'd say, for the same reason that a person can't sue Ford when a guy
> drives his F350 through a convent at 90 MPH. The ISP provides a
> service; What the customer does with the service is what he/she decides
> to do. Ford sells you a pickup; if you choose to drive it to work, or
> through a convent, Ford can't be held liable for that. [1]
>
> With regards to copyright infringement, the "safe harbor" clause of the
> DMCA ( http://www4.law.cornell.edu/uscode/17/512.html or so) is what
> helps protect ISPs.

Extending this idea....if I left my keys in the car and someone =20
decided to drive the car at 90 MPH through the convent, as the owner =20
of the car, I would not be responsible for that persons action.

Granted my insurance company wouldn't pay me for damage to my car =20
because I left my keys in it, but that is a different issue altogether.

Additionally, it seems that one of the courts have ruled that an IP =20
address is not a person.

We sure live in interesting times.

Mike B.

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Received on Thu May 5 06:06:48 2011