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Heavy letter from Davenport Lyons on behalf...
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Tom Morton
Tom Morton
Posted 11/08/2008 16:53:44
Pentium
Group: Forum Members
Last Login: Yesterday @ 19:35:28
Posts: 5,437, Visits: 28,984
Well yes... but an end user signs an agreement with the ISP saying they wont use it for illegal activity and that it is not the responsibility of the ISP to make sure they dont. Whereas a free public access point *that hasn't been secured against this* is surely in a much tougher legal position.
I'm not saying it's right. And yeh I agree they are going after the little man because the ISP's are well covered and can hire top lawyers.
Cheers,
Tom
My Crime is that of curiosity, my crime is that of outsmarting you
Post #303533
malc_wright
malc_wright
Posted 11/08/2008 20:42:58
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Group: Moderators
Last Login: Yesterday @ 22:15:56
Posts: 3,170, Visits: 3,428
Surely the fact that ISPs are not responsible for the traffic which passes over their lines is the same as the the law that telephone companies are not responsible for the traffic that passes over the telephone line?
That was one of the debating points about trying to hold ISPs responsible for policing the internet, I can't see how D&L can create that responsibility for the provider of a wifi hot spot.
The case should be thrown out.
Though it would be interesting to see if a highly paid Legal council could configure a wireless router in the amount of minutes time £40-50 would procure at their usual charge out rate. They'd probably have to do it inside 2 minutes.
Mad Malc
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