Re: using someone elses broadband
- From: Norman Wells <norman@xxxxxxxxxxxxxxxxx>
- Date: Thu, 19 Apr 2007 21:36:01 +0100
In message <s7ve23h9vl6il79eckubbivhtb1s1ioeip@xxxxxxx>, Alex Heney <me8@xxxxxxxxxxx> writes
If there were such a notice, then the "thief" *may* be able to defend
his action on the basis that he thought that meant it was free for
all, so no dishonesty was involved.
But his defence would be on the basis of lack of dishonesty, not on
the basis that nothing was taken.
Of course something was taken. It was a bucketful of water. His defence, however, is that he did not do it 'with the intention of permanently depriving the other of it'. Since he knew the householder would not actually be deprived of anything by what he took, there could be no such intention. The householder had unlimited access to water beforehand, and has unlimited access to water afterwards. Nothing whatsoever has changed as far as he is concerned. It's a spurious and bizarre concept that he had rights to that specific bucketful when every bucketful is identical and absolutely indistinguishable from any other.
If criminal law is supposed generally to be there to protect victims, as it is, how is the householder a victim?
--
Norman Wells
NG
.
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