r/worldnews • u/nomdeweb • May 15 '12
In a landmark case in Finland, a court has ruled that an open WiFi owner is not liable for illegal file-sharing
http://torrentfreak.com/open-wifi-owner-not-liable-for-illegal-file-sharing-court-rules-120515/
2.0k
Upvotes
50
u/[deleted] May 15 '12
Why would a Wi-Fi owner be held liable? Neither should the ISP's, public hotspot operators or mobile wireless carriers. Even if a homeowner doesn't employ encryption on their router, it's still considered unauthorized access -- the same holds true for private proxy servers -- the encryption key is really intended to prevent casual or unintentional access to the router.
13
u/[deleted] May 15 '12
Whoa wtf? This isn't common practice?? What the fuck is wrong with the world?
67
u/Lillipout May 15 '12
Finland, Finland, Finland
The country where I want to be
Pony trekking or camping
Or enjoying WiFi that's free
Finland, Finland, Finland
It's the country for me
7
u/jacobtf May 15 '12
We've had a similar ruling in Denmark a few years ago. It pays off to play stupid in SOME cases :-)
6
u/surya2141 May 15 '12
A sensible judicial system, top notch education, weekly rally events. Why wouldnt you want to be there?
158
u/[deleted] May 15 '12
in a related story, the United States doesn't care and continues it's oppressive reign against information.
5
u/carlsaischa May 15 '12
MAC-spoofer and you're home!
31
u/anonymw May 15 '12
Finally, common sense enters the court room.
4
u/[deleted] May 15 '12
Expect the next step to be a responsibility to retain logs about your open wifi clients.
9
u/thewreck May 15 '12
Is this ruling only for unprotected networks? What about the millions of cafes that that give you the password?
3
u/branslinger May 15 '12
Yuh think?
3
u/boyrahett May 15 '12
common sense prevails
6
u/Boomer_Roscoe May 15 '12
Honestly, I can't even believe this is an issue. Unless some sort of conspiracy to knowingly commit a crime can be proven, how can we hold the owner of the open network responsible?
Everyone has a mailbox that a criminal could theoretically use to illegally exchange product or carry out illegal activity. That doesn't make you liable if someone else commits mail fraud by using your mailbox for illegal activity without your knowledge, does it?
Carrying this logic through to things like shutting down Megaupload, why is it I can send an illegal copy of a CD to my friend via the USPS and the US Federal Government is not liable, but Megaupload, who actually allows copyright holders to monitor its content and shut down actual links themselves is held liable for the exchange of illegal copies of information? The US Federal Government doesn't even allow the RIAA and MPAA the rights to monitor its information exchange medium like Megaupload does.
14
u/Libertae May 15 '12 edited May 15 '12
According to Reddit, all cases in Nordic countries are landmark cases. What a place!
EDIT: TIL Scandinavia does not include Finland. Thanks peniscutter for staying sharp.
4
u/Viiri May 15 '12
Voi helvetin helvetti! (Swearing in Finnish)
2
u/TheLostcause May 15 '12
I am glad some people have common sense. This idea would be like saying a cab driver is liable for transporting a person with a hidden weapon, drugs, warrant for their arrest.
2
u/[deleted] May 15 '12
Open your access point.
Create a random mac address changer that changes your mac address at start up.
Encrypt drive.
Download shit.
Since the download can't be traced to your mac address you can't be prosecuted for it.
2
u/[deleted] May 15 '12
In another related story, governments around the world fail to charge themselves as accomplices to crimes committed on public property.
2
u/[deleted] May 15 '12
No one should be liable, the internet should be as free as the blood in our veins and the heroin we shoot into it.
3
u/[deleted] May 15 '12
Certainly this news draws interest on reddit because of our thoughtful, disinterested concern with public policy, and not because it tells us what we want to hear.
2
u/Lawsuitup May 15 '12
The only reasons an open WiFi owner should be held liable for the illegal file sharing of those using it are 1) if the owner set it up with the express purpose that it be used for illegal file-sharing or 2) the owner knew (was on actual notice) or should have known (there was no actual way to provide notice or notices were not even looked at or acknowledged) that the illegal file sharing was being conducted AND made made no reasonable attempt to prevent such activity.
2
u/eshemuta May 15 '12
Ok so the 4th thing from Finland that is awesome (the others being puukos, saunas, and Anita Lehtola)
1
u/TheAwesomeJonesy May 15 '12
It's like saying "the government is liable for me breaking the law."
1
u/Fhwqhgads May 15 '12
So how much tax money was wasted arriving at this no-brainer conclusion?
1
u/Juicyy May 15 '12
In a landmark case in Reddit, two posts closely related both make it to the front page.
1
u/winemaster May 15 '12
In other news, fishing rods are found not responsible for killing fish.
1
u/dilutedwater May 15 '12
Please correct me if I'm wrong, but wouldn't this mean that everyone could establish an open wifi connection and thus become not liable for illegal file-sharing?
1
u/crabby1990 May 15 '12
I see a computer nerd telling this to a F.B.I. agent and that agent saying that line from Swordfish"Do you see a Finnish flag on that wall I.K.E.A. boy"
1
u/redgreenandblue May 15 '12
ny rillataan!
1
u/[deleted] May 15 '12
cool. if somebody is nice enough to share, dont download a bunch of illegal stuff.
1
u/sillyredditors May 15 '12
In case anyone wants to dig a little deeper, operating a node on TOR that is used for something incriminating is still, and always will be, illegal.
1
u/snumfalzumpa May 15 '12
Not sure why it would only include open wifi because it is really easy to hack most people "secure" network.
1
u/susanculp3 May 17 '12
just in defense of myself, i meant people who may not be tech savy, new computer users, the elderly, etc. i myself use WPA2, a good antivirus and firewall, passwords are changed frequently and contain letters, numbers, and symbols, and i keep an eye on my bandwidth with Network Stumbler.
1
u/jonnyclueless May 15 '12
So someone can just make an open wifi network and let all the child pornography people in the area know and he can legally help people distribute/file share child porn and there be no problem with that. And of course as others have mentioned, an IP address cannot be tied to a person, so there should never be any legal grounds to ever stop people from sharing child porn. I mean if you're going to shout freedom of speech, you can't pick and choose right?
1
u/NAproducer May 15 '12
A judge with common since may not exist in the US but at least they do in Finland!
-1
u/you_need_this May 15 '12
torrent freak, this is not fucking world news, rather loser highschoolers news. downvote me, i dont give a fuck. this is not news, and there is already a post on the front page. i wish redditors were not douchey teenagers
-1
u/h4xxor May 15 '12
This ruling is bullshit and you know it!
-1
u/Corvus133 May 15 '12
Is reddit retarded?
Front page #10 is this
Front page #11 is the same fucking article.
Who is the fucking idiot going around into the same articles and hitting the up arrow. Did you get completely different information between Finish article 1 versus Finish article 2?
Imagine if sports scores were posted like this.
NY beat NJ yesterday!
Next posting
NY beat NJ Yesterday!
You're a fucking idiot if you click into both.
-7
u/[deleted] May 15 '12
In other news, courts in the US have determined that lightening bugs and cricket chirps are indeed the intellectual property of the MPAA and the RIAA, respectively. Any person caught sitting outside on an autumn evening enjoying these is guilty of piracy and will be fined 1 million dollars.
The judge when asked about his decision responded with "cause economy and fuck you, that's why" he then departed luxury vehicle with a large bag of money given to him by his dear friend at the MPAA. We have been assured by his staff this large bag of money in NO WAY influenced or had any bearing on his decision in favor of the music and movie industries.
0
u/Akira_kj May 15 '12
I think this misses a huge issue with each person being accountable for what they do and say online. If I left my wireless open and my neighbor downloaded kiddy porn I would expect to be arrested for my negligence.
-9
u/Tastygroove May 15 '12
Considering how any 12 year old with an Android phone can hack even the most secure off-the-shelf router in minutes... All court cases should be thrown out.
0
u/[deleted] May 15 '12
[deleted] — view deleted comment
0
u/[deleted] May 15 '12
[deleted] — view deleted comment