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Originally Posted by Rekna
I think this defense has been shot down in court. I believe the judge said something along the lines that leaving the network unsecured is negligent making the owner responsible for any and all traffic on the network.
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The MPAA and RIAA have
tried to shoot it down since early 2007, but not once have they succeeded.
The crime is the breaking of copyright. If you didn't steal, you're not guilty of the theft. It'd be like someone shooting someone in your store and you being found guilty of murder... it doesn't work.