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ExtraTorrent.cc > Articles > Dutch Court Decided Wi-Fi Piggybacking Was Legal

Dutch Court Decided Wi-Fi Piggybacking Was Legal

Dutch Court Decided Wi-Fi Piggybacking Was Legal

Added: Thursday, March 31st, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Court of The Hague recently decided that only the illegal access to a computer is against the law. Therefore, as there’s no access to secure information in the PC via the router, criminal law isn’t relevant! Doesn’t look like an ordinary ruling, does it?

It seems like unauthorized file-sharing will be arguably a bit tougher to prosecute in the Netherlands because of the latest court decision which found Wi-Fi piggybacking isn’t illegal. The ruling was made on the case of a student alleged of intentionally threatening professors and students of the College Maerlant through a computer. What the guy did was publishing a message on the website 4chan.org, promising to come and kill some peeps from his old school, and saying that he had package deals made in the school, parking next to 2 cars by both of the exits and have been scrutinizing the building plan.

As for this action, he was, of course, convicted and sentenced to more than a hundred hours of community service. But what is more interesting for us, the guy was acquitted of the second charge, which was (surprise, surprise!) intentionally and illegally entering a number of automated work (a computer or router) and a secure Wi-Fi Internet connection. Discussing the second charge, the court decided that only the illegal entry into a computer is against the Dutch Penal Code. Therefore, the defendant, connected to the router only, couldn’t have access to secure information in the PC.

The court ruling read that due to the reason explained above the conduct is an entirely different order than that is punishable under the Criminal Code. However, the court pointed out that such type of behavior is socially undesirable, let alone mentioning that the “piggybacker” doesn’t pay fees for legitimate usage when consuming bandwidth, but still found that criminal law is not relevant.

In the light of the worldwide attempts to prosecute illegal file-sharing and protect entertainment industries’ revenues, it seems like this ruling is going in the opposite direction, making it harder to pursue unauthorized file-sharers in the Netherlands. The latter now can readily point to a plausible cause for denying copyright violation accusations.

March 31st,2011

Posted by: 

Date:  Thursday, March 31st, 2011

Comments (9) (please add your comment »)

posted by (2011-03-31 14:23:52)
DEMONLORD avatarpeople who get wireless need to know how to lock there shit. lol

posted by (2011-03-31 17:21:25)
Brynn217 avatarRead the article, he was using a Secured Wi-fi... it was locked... (and um.. err) we have hack utilities available on this site to break any Wi-fi code....

posted by (2011-04-01 00:34:55)
TheFearAgenda avataryeah you not only need to lock it.. you need to HIDE that shit..

posted by (2011-04-01 00:39:50)
carlbandit avatarFair enought if the wi-fi was unprotected and he gained access, that is the fault of the network admin for not protecting it

However, since he broke(hacked) into the router he should have been prosecuted, if i broke into a house that had 2 doors and i was only able to break down the 1st yet i still entered the house, i could be charged with breaking and entering, just because the router dosent have access to secure information on a PC, dosent mean breaking into it should be legal

Thanks sam

posted by Blocked (2011-04-01 01:36:20)
menahunie avatarLooks like they have a different definition of Terroristic Threatening in the Netherlands than USA.
You threaten to kill someone and your azz is da grass and da law is da lawnmower..

posted by (2011-04-01 02:57:05)
fusion422 avatarthe law is there to be tested and he got away with it fair play
it is still a grey area and i supose it is depends on the jugde who takes the case and his knowledge in this field the less he new the better
good read sam

posted by Blocked (2011-04-01 14:26:02)
4uckAuthority avatarlol mena...that's why our country is filled with gangsters who live by an open/admitted code of 'kill your rivals' right?...threatening eachother everyday... our law is non-existent when it comes to threats viva la 'freedom of speech'...you can threaten all you want in the U.S and the 'lawnmower' will show up without its blade. *off topic

posted by (2011-04-01 23:58:42)
MeRaDil avatarHere in the Netherlands were I come from you may download as much as you want,but you may not sell of copied the downloaded file.Downloading is not forbidden but uploading is here forbidden.

posted by (2011-04-02 10:19:40)
daxander avatarIllegal acces isnt terrorism, it's rape. The harder you rape, the more it's terrorism. So illegal acces while leaving virussus will be terrorism, but only when done to terminals that are possible terrorism locations. Your neighbours PC wont count if he isnt the president for example.

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