Anything can be argued but the law is pretty clean an open door is not an invitation to steal.
This isn’t like a mere unlocked door. If you put a couch out on the sidewalk with a sign that says “free”, and somebody takes it, they are not stealing. It’s pretty simple, really.
We already know from the article that the owner of the shop had no problem with what this guy was doing. This isn’t about a complaint of theft of property by the property owner.
This is about a law that some prosecutor decided to apply to this guy, absent any complaint.
This case is almost precisely like if he’d taken that couch from the sidewalk, with the permission of the owner, then got arrested for stealing.
The law is being misapplied. That’s what this is about.
Did not the shop in question have a sign posted saying "Free Wifi"?
"Free Wifi". Not conditional. FREE. Free means free to all takers. Maybe "free" means something else in your lexicon.
If it is NOT intended to be "free to all takers", then it should be qualified, to wit: "our WiFi services are intended for use by paying customers only."
The owner in this case actually _stated_ that he didn't mind that the guy [who was charged] was piggybacking onto the service. By so stating, he is tacitly conceding that - at least in this instance - permission was granted to use the network.
How can you steal something that is being given away?
How can you steal something that the [somethings] "owner" has said you are free to take?
To go further, the owner's admission that he did not mind the parking lot guy using the service (or, to state it another way, that he did not complain of a "theft of service") grants full permission under the Michigan law, and as such, the prosecutor was totally wrong in pursuing the case.
This guy should have fought the charges. Is this actually supposed to be a _felony_ in Michigan?
If so, do not felonies warrant a jury trial?
If a jury had gotten hold of this, the prosecutor would not only have lost, but might very well have been laughed at by a jury of reasonable people! Certainly more reasonable than he!
- John
True, but then the coffee shop itself shouldn't be putting people in a position where the law can be broken so easily, either. They shouldn't be broadcasting or advertising free wi-fi service without a passkey. The way the law is written, this is truly a no-win situation.
Folks, if you drive through Michigan, keep your laptop off! Who knows how many unsecured wireless networks it will sign onto, and it's a felony each time...good grief!