Stories
Slash Boxes
Comments

News for nerds, stuff that matters

Slashdot Log In

Log In

Create Account  |  Retrieve Password

Boston University Student Challenges RIAA

Posted by kdawson on Thu Jun 14, 2007 11:40 AM
from the back-off dept.
NewYorkCountryLawyer writes "A Boston University student identified only as one of the 21 'John Does' in Arista v. Does 1-21 has challenged the RIAA's alleged right to get his or her identity from the school, bringing a motion to vacate the ex parte discovery order obtained by the RIAA, and to quash the subpoena served on the university. John Doe's court papers (PDF) argue, among other things, that the RIAA's papers are 'based on a flawed theory that having copyrighted music files on an individual's computer or on an assigned folder on Boston University's server is a "distribution" of such copyrighted music files, where such folder is merely accessible by others.'"
+ -
story

Related Stories

[+] Your Rights Online: MIT Student Plans to Take on RIAA 169 comments
NewYorkCountryLawyer writes "MIT's online newspaper, The Tech, reports that a student named as a John Doe by the RIAA is planning to fight back against their questionable legal tactics. The anonymous student told The Tech that he is 'the victim of a fishing expedition by the RIAA,' and is 'disappointed that MIT isn't going to step up ... Other schools like Boston University and the University of Oregon have resisted RIAA subpoenas of student records more actively than MIT has, he said'. Maybe his attorneys will be able to get some assistance from some of the Harvard Law School students in Professor Nesson's 'Evidence' class, who have been assigned — as part of their coursework — the drafting of a motion to quash an RIAA subpoena."
[+] RIAA's Boston University Subpoena Quashed 39 comments
NewYorkCountryLawyer writes "As first reported by p2pnet, the motion to quash the RIAA's subpoena seeking identities of Boston University students has been granted, at least for the moment. In a 52-page opinion (pdf) the Judge concluded that she could not decide whether or not to quash until she had seen the college's 'Terms of Service Agreement' for internet service. It was only then she could decide what 'expectation of privacy' the students had. She quashed the subpoena calling for the student identities, and told them they could go ahead with a subpoena just for the terms of service agreement. Interestingly the decision was issued on the very same day as the judge in Elektra v. Barker came to some of the same conclusions."
This discussion has been archived. No new comments can be posted.
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
 Full
 Abbreviated
 Hidden
More
Loading... please wait.
  • Essentially, as I read it he's arguing for no criminal liability for illegal redistribution due to having no intent to distribute. Yet he admits to having placed copyrighted works in public folders on a public university system, which allowed others to copy his work. Further, he must have had the ability to set filesystem permissions to intentionally prevent redistribution. I think he's liable. If they can't prove criminal misconduct, at the least by his own admission they can prove civil negligence.
    • by Mr EdgEy (983285) on Thursday June 14 2007, @11:53AM (#19507405)
      If i leave my car outside unlocked are you free to take it? Of course this is different because data can be duplicated, but just because something is there doesn't mean it has to be taken.
      • by Psmylie (169236) * on Thursday June 14 2007, @11:58AM (#19507495) Homepage
        I think a better analogy would be: If you had a case of beer in your unlocked car and some kids opened the door and took it, would you be liable for distributing alcohol to minors? I don't know the law in this case (NAL), but it seems stupid to charge the person who bought the beer in this case. Unless, of course, they can prove that he got out of his car, looked over at a bunch of kids, and said, "Gosh, I sure hope nobody takes any of this beer out of my unlocked car, wink wink" then walked away
      • by Maximum Prophet (716608) on Thursday June 14 2007, @12:02PM (#19507573)
        If you leave a CD lying around, and someone walks by and steals it, they are guilty of theft. I don't see that you'd have any liability. If on the other hand, someone walked by and copied it, they are guilty of infringement, you also should be without liability.

        If you loan a paperback book to a friend, that's ok. (Libraries do it all the time) If the friend copies the paperback, they are guilty of infringement, but I don't see any liability for you.

        I'd say he has a good case, unless he intentionally put an electronic sign on his files, saying "Copy These Please!!!"
          • by walt-sjc (145127) on Thursday June 14 2007, @01:40PM (#19509135)
            By that logic, doesn't a library placing a photocopier out in the open for the public to use just like putting a sign up saying "copy anything you want"?

            So just put a README in the folder that says that others are NOT allowed to copy the files without permission from the copyright holder... That should be enough.
      • by moderatorrater (1095745) on Thursday June 14 2007, @12:40PM (#19508157)
        I think it's going to come down to how the publicly accessible folders are generally used. If they're usually used for storage and the student never advertised the music, then they'll have a good chance of the case being dismissed on the grounds of no intent. However, if the folders are generally used for sharing music and there's a culture of everyone browsing and copying from everyone else's folders, then I would imagine the judge would find intent based on the music being in the folder.
            • Re: (Score:3, Insightful)

              They've already convinced the courts.

              Hence the charge is "copyright infringement" and not "theft"
    • by brunascle (994197) on Thursday June 14 2007, @11:58AM (#19507493)
      how is that different that leaving a CD physically out in the open? someone else is able to grab it and copy it. would that make me liable for leaving it there?
    • Essentially, as I read it he's arguing for no criminal liability for illegal redistribution due to having no intent to distribute. Yet he admits to having placed copyrighted works in public folders on a public university system, which allowed others to copy his work. Further, he must have had the ability to set filesystem permissions to intentionally prevent redistribution. I think he's liable. If they can't prove criminal misconduct, at the least by his own admission they can prove civil negligence.

      This argument would damn every soccer-mom and burger-flipper who plugs a home computer into their cable modem without remembering to set up a firewall. I think that, reading the citations in the motion, they make a good point -- copyright infringement, they argue, requires both intent and commercial gain, not to mention actual infringement (which nobody has proven even happened).

      Though I've grown weary of all the crazy analogies flung around on Slashdot of late, I feel the need to provide one of my own: You're sitting in a university library with your laptop, and the guy across the table from you gets up to search the stacks for something, leaving his folder of music CDs on the table. You grab one, stick it in your laptop, and in a couple minutes have ripped a perfect digital copy of it, before the guy even returns. Is he then criminally liable for having permitted you to infringe the copyright of that CD, because he didn't lock up the discs or take them with him? Or, worse, if you have the ability to do exactly what I just described, but don't take advantage of it, is he still liable just for having provided the opportunity for infringement?

      BTW, I'm not sure this motion is on the behalf of a single defendant, but all of them (it's listed as representing Does 1-21).
        • by Junta (36770) on Thursday June 14 2007, @12:40PM (#19508163)
          A better analogy would be to say he has some music files, and he puts it on a shared folder somewhere.... oh wait...

          But seriously *WTF* is with all the analogies. The original concept is not that hard to completely understand. If he put it in his home directory, and the default permissions were open (i.e. umask being set stupidly), then I would say he has an argument. However, if he had to explicitly change permissions on it, or put it in something analagous to a 'public_html', intent to distribute can be argued. If you put a big sign on your drive saying 'I put music on here, feel free to copy it', it's obvious you are inviting the activity.

    • Re: (Score:3, Insightful)

      However, just because the files are there, does not mean they were put there with the intent to distribute them to the populace in general. While the folders may have been public, the fact is no one is under any obligation to change the permissions on a folder. And it's also possible that changing the permission might make the content inaccessible to some form of media player that would access the folder. Also, even if the permissions are changed, that does not stop someone with adequate knowledge or superu

    • by Seraphim_72 (622457) on Thursday June 14 2007, @12:10PM (#19507661)
      The college that I work at has photocopy machines in the library. So whose fault is if I walk home with a copy of Harry Potter, the host, the technology, or me?

      Sera
    • by Smidge204 (605297) on Thursday June 14 2007, @12:14PM (#19507741)
      I must apologize, I had modded to +1 Interesting but after reading the PDF itself I think I'll reply to your comment instead.

      What he is arguing is, at least as I see it: "Just because I left it in a public place does not mean anyone actually copied it. You have not claimed anyone but your agent has copied it, you have not claimed that I invited anyone to copy it, you have not claimed that I was aware anyone has copied it, nor that I as even aware they they could be copied." (Emphasis mine, the original word was "alleged")

      ...but they filed for a subpoena anyway. In short, it seems the RIAA hasn't even accused anyone of wrongdoing before asking for their personal information. All they saw was "Hey, this kid has music files that I can download" and went at him. THAT is the basis upon which the subpoena is being challanged.

      A possibly poor analogy: I leave a CD on a table in a public place (a public park, say), for whatever reason. An RIAA agent comes by, sees the CD, and noticed he can pick it up. They then subpoena the town/city for all records of who was in the park that day, sitting at that particular table, because someone was "distributing" music illegally.

      The kicker is, he cites supporting law verbage and other court cases where this situation was determined to not be copyright infringement.

      IANAL though. Grain of salt for ya...
      =Smidge=
      • by Red Flayer (890720) on Thursday June 14 2007, @12:18PM (#19507815) Journal
        That's not wholly correct, however. Libraries can indeed be held liable for patrons' copying of copyrighted works. This is called vicarious infringement, and can only occur if the library does not post a notice near reproduction equipment about copyright law applying to patrons' use of the equipment -- libraries get a special exception to Section 18.

        Note that since the defendant is not a library, this exception does not apply to him.
  • by pak9rabid (1011935) on Thursday June 14 2007, @11:54AM (#19507421)
    Its your American right to distribute music! It's lude, crude, litigious, OUTRAGEOUS!
  • Civil negligence?! (Score:3, Insightful)

    by Anonymous Coward on Thursday June 14 2007, @11:54AM (#19507435)
    So if I leave a CD laying on a table where someone else might see it, am I "civilly negligent"? What stupidity.
  • A few questions... (Score:5, Interesting)

    by EonBlueApocalypse (1029220) on Thursday June 14 2007, @11:55AM (#19507443)
    I just have a few questions which probably are irrelevant to all this but, what happens if you have 4 or 5 people split the cost of a few albums equally and then listen to the music between themselves on a folder available over a network connection... is this breaking the law? If that so when does it become legal? Would they have to be living with each other for example having music available to other family members over a network in the home? Or am I not even supposed to be doing that?
    • by pak9rabid (1011935) on Thursday June 14 2007, @11:59AM (#19507533)
      If the RIAA had their way, this would be illegal. In fact, if the RIAA really had their way, you'd be paying each time you listened to your CD...
    • fairness never had anything to do with what the riaa is doing or has done. the riaa is pursuing control. control ossified into "law" when laws on the subject matter only applied to a handful of distributors of music. but now that everyone with an internet connection is a potential distributor of music, the "law" is basically antiquated bullshit

      you should stop asking questions with the idea of fairness in the forefront of your mind. instead work along the mental model of schoolyard bully trying to get what he wants, then the answer to your questions are obvious:

      "no, you can't do that, because i don't control it. that's not fair? too bad"
    • I think it would be legal *if* any given cd's tracks were in use by a single person at any one time -- since the law as it currently stands treats music similarly to software (i.e., you purchase a license to use it), any part of cd #1 could only be in use by a single person at a time. The difficulty, of course, comes in proving that you followed this obligation or, conversely, for the RIAA to prove you violated it. IANAL, etc.
  • by geek2k5 (882748) on Thursday June 14 2007, @11:59AM (#19507539)

    This could lead to some interesting complications when dealing with online storage.


    For example, if a person has music online and believes that it is secured, would they be liable if someone breaks in and makes it available to others? I could see instances where this other person breaks in, makes the music available and then reports to the RIAA after a number of downloads are done.


    Now some people would say that security is your responsibility, but how do you handle environments where someone else is providing a service and you don't control everything?

  • Interesting approach (Score:3, Interesting)

    by RichMan (8097) on Thursday June 14 2007, @12:13PM (#19507727)
    If I play music over my speakers others can hear it.
    If I stream music off my hard drive, how is this different than playing it over the speakers?
    If people play it off my hard drive how is that different than playing it over the speakers.

    The above assumes private playing of a valid music source.

    There is a very fine distinction to be argued here. That will have to cover buffering, decoding and all sorts of stuff.
    • by Junta (36770) on Thursday June 14 2007, @01:06PM (#19508587)
      http://www.copyright.gov/title17/92chap1.html [copyright.gov]

      "if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space"

      So if you set up a sound system that can scale to a larger venue, you can be considered to be intentionally broadcasting it. Putting data in an explicitly shared would be considered analogous to that.

      These 'gray lines' people like to jump on in terms of real-world analogies have been recognized and answered in law already. You can probably reasonably tell whether the person's share was intentional or incidental (most modern OSes and large-scale networks make it hard to accidentally share data such that people can get it without circumventing or bypassing a mechanism meant to prevent it). If his directory was by default world readable, there is a fair argument he was using it for his own purposes never realizing the world could get at it. If he put it in something like public_html, it's hard to argue that he didn't mean it. In which case, public_html would be like putting a few hundred speakers throughout a town and playing the music, and then claiming you didn't mean for anyone but you to hear it.
  • by Maxo-Texas (864189) on Thursday June 14 2007, @12:26PM (#19507945)
    who are illegally distributing music to me through the solid walls of my friend's house from three blocks over.

    Sometimes they distribute music to her from 5:30am to 2am.
  • by kidcharles (908072) on Thursday June 14 2007, @12:41PM (#19508191)
    If one more person posts an analogy involving a CD left on a table in a public place, I will club this baby seal to death.
  • by gsfprez (27403) on Thursday June 14 2007, @12:44PM (#19508243)
    lets say i lose my (80gb) iPod on a train...

    does that mean that i have to throw away all my CDs at home? I mean, if that iPod is now in someone else's hands, i've "distributed" music - and would be liable under the rules... remember, a CD is nothing more than shiny plastic... i'm given a license to listen to that music... i don't "own" anything but the shiny plastic.

    what if i was robbed? As far as i can tell, not only would i have been robbed of my iPod, but i'd have to go home and throw out my CDs on top of it, else, i'd be liable for distributing hundreds of CD's worth of copyrighted materials.
  • by Nom du Keyboard (633989) on Thursday June 14 2007, @12:51PM (#19508343)
    I have one of the great little devices available plugs my MP3 player into a small FM transmitter, allowing me to wirelessly listen to my music over my car radio. Here I don't just have files sitting on a mass storage device, I'm actively broadcasting music copyrighted by record companies affiliated with the RIAA. And someone manufactured and sold me this device with this precise use in mind. Other people also have radio receivers, and this broadcast is unencrypted.

    Am I breaking the law?

    Are the people who made and sold this device breaking the law?

    If yes to the above, why haven't they been sued out of existence yet?

    (Note: this is an illustration to prove the ridiculous positions that the RIAA has attempted to stretch existing laws.)

  • by NewYorkCountryLawyer (912032) * on Thursday June 14 2007, @12:52PM (#19508369) Homepage Journal
    The best place to learn about the RIAA's "making available" theory, and the arguments pro and con, is the case file in Elektra v. Barker [blogspot.com]. Be sure to read the transcript, in which the Judge skeptically questions the RIAA lawyer about it.
    • Thanks for the laugh! The attorneys for the RIAA goof it up before they even get started:

      MR. OPPENHEIM: Good morning, your Honor.
      THE COURT: Good afternoon.
      MR. OPPENHEIM: Good afternoon, that's right.

      Its as if they woke up on somebody's carpet, ran into a tailor's store, grabbed a suit, and walked in to sue someone, but that's to be expected from RIAA.
    • Re:*Ding* (Score:5, Informative)

      by dotHectate (975458) on Thursday June 14 2007, @11:56AM (#19507477)
      I don't distinctly remember which one it was, but I remember reading it.

      Apparently a judge (most likely federal) told them that they *must* sue individuals and not large groups of people, unless those people were all involved in the alleged lawbreaking as a whole unit (ie. conspiracy) or a single occurance. Basically the judge told them they couldn't do this just because it was convenient for them. What it amounts to is that a single case with 21 "John Doe" persons = 1 filing fee (read; less money). But since each person's alleged infringement has no relation to the other's, they are *supposed* to file 21 separate cases (read: significantly more money).

      Also, by doing it this way, it costs more money for the court to send out the proper notices to the participants. Money that they aren't getting from the RIAA.
      *Money that we pay in our taxes.*
      • Re:*Ding* (Score:5, Informative)

        by NewYorkCountryLawyer (912032) * on Thursday June 14 2007, @12:43PM (#19508227) Homepage Journal

        I don't distinctly remember which one it was, but I remember reading it. Apparently a judge (most likely federal) told them that they *must* sue individuals and not large groups of people, unless those people were all involved in the alleged lawbreaking as a whole unit (ie. conspiracy) or a single occurance. Basically the judge told them they couldn't do this just because it was convenient for them. What it amounts to is that a single case with 21 "John Doe" persons = 1 filing fee (read; less money). But since each person's alleged infringement has no relation to the other's, they are *supposed* to file 21 separate cases (read: significantly more money). Also, by doing it this way, it costs more money for the court to send out the proper notices to the participants. Money that they aren't getting from the RIAA. *Money that we pay in our taxes.*
        You are right, dotHectate. There have been a number of such holdings but the leading one is Fonovisa v. Does 1-41 [blogspot.com]
      • Re:*Ding* (Score:5, Informative)

        by UnknowingFool (672806) on Thursday June 14 2007, @12:55PM (#19508409)
        It was a federal court ruling by Judge Newcomer, in the Eastern District of Pennsylvania, but that is not what this motion is about. In this case, the RIAA is requesting that Boston University reveal the identities of 21 John Does. The defendants have responded saying that the RIAA cannot go on a fishing expedition for their identities without having proof that the 21 individuals have done something wrong.
    • Re:*Ding* (Score:5, Interesting)

      by NewYorkCountryLawyer (912032) * on Thursday June 14 2007, @12:40PM (#19508183) Homepage Journal
      I have no idea where you got that quote from, but whoever wrote it is referring to Fonovisa v. Does 1-41 [blogspot.com], where the RIAA was ordered, in 2004, to cease and desist from the illegal practice of joining multiple John Does for its own convenience in a single case. The RIAA has been ignoring that order ever since. This Boston case is yet another example of the RIAA ignoring the Fonovisa v. Does order.
    • Re: (Score:3, Insightful)

      by Anonymous Coward
      as much as I'm against the RIAA, I'd actually have to agree with them on this case.

      If you have copyrighted media on your computer, in a publically available share, that is pretty much distribution.

      Example: You live somewhere, where the is street traffic. Now, lets say within arms reach of the street, you place [something]

      [Something] is either
      (a) Illegal to distribute (not necessarily posses, just distribute)
      (b) Illegal to distribute to minors
      (c) Illegal to distribute to others not possesing a license.

      Are yo
      • Re:I say... (Score:4, Insightful)

        by rhartness (993048) on Thursday June 14 2007, @12:11PM (#19507695) Homepage
        So... public libraries are illegal because anyone can check out a book and photocopy the contents of copy righted material? What about the music CDs of movies that you can access there? It's the same principle, in my opinion.
        • Re:I say... (Score:5, Insightful)

          by Applekid (993327) on Thursday June 14 2007, @12:25PM (#19507917)
          Book publishers seem to be kicking themselves for not organizing into crime syndicates like the RIAA and MPAA, otherwise libraries WOULD be illegal.
          • Re:I say... (Score:4, Informative)

            by BalanceOfJudgement (962905) on Thursday June 14 2007, @07:13PM (#19513853) Homepage

            Book publishers seem to be kicking themselves for not organizing into crime syndicates like the RIAA and MPAA, otherwise libraries WOULD be illegal.
            Which I would call a crime against humanity. The right to learn should not abridged for the sake of some corporation's bottom line.
        • Re:I say... (Score:5, Insightful)

          by MeanderingMind (884641) * on Thursday June 14 2007, @01:04PM (#19508559) Homepage Journal
          It boils down to these questions:

          1) Is it illegal to borrow a legally published version of copyrighted material?
          2) Is it illegal to copy borrowed material?
          2b) If 2 is true, who is at fault when material is copied, the copier or the lender?

          Given libraries are legal, 1 is a definite "no". 2, I think, is most likely illegal. The key question here is 2b.

          I can't see any viable way the vendor/lender can be held responsible for items sold/lent being used illegally. With the possible exception of regulated/dangerous items such as guns or other weapons, it's not criminal for a store to sell someone a hammer without making them sign a statement claiming they won't use it for illegal purposes. It's not the store's fault some nut bought pencils and started killing people with them.

          Similarly, if it is legal to "borrow" music but not copy it is not the student's fault the files were copied. The other users could simply have listened to the music files from the shared folder without copying them, and thus "borrowed" them. That they weren't content to simply "borrow" the music isn't the fault of the student who opened his music collection to the public.

          That's how I see it anyway.
      • Re: (Score:3, Insightful)

        As a few examples:
        Illegal narcotics
        Pornography
        Guns (regular or automatic)
        Perscription medications

        It's worth noting that everything you listed there is considered in some way harmful by someone. No one really considers music (overall) to be harmful*. If you went and set a stack of CD's on the street that said "take one", no one is going to freak out.

        *Yes, I know some people rail against explicit lyrics, but that says nothing of other forms of music. Let's not get pedantic here.

      • You live somewhere, where the is street traffic. Now, lets say within arms reach of the street, you place [something] either
        (a) Illegal to distribute (not necessarily posses, just distribute)
        (b) Illegal to distribute to minors
        (c) Illegal to distribute to others not possesing a license.

        Are you breaking the law by putting it out there in the open, where anyone can access it trivially?

        So you think it should be illegal to leave your keys in your car? That covers (b) and (c).

      • Re: (Score:3, Interesting)

        If you have copyrighted media on your computer, in a publically available share, that is pretty much distribution.

        Hmm. So by that logic, anybody broadcasting unsecured wi-fi into your laptop's airspace is distributing internet access. Unfortunately, the law disagrees with that assessment. There have been multiple cases now of people being arrested for accessing such "distributed" resources.

        Just out of curiosity: if I leave my car unlocked on a publicly accessible street, do you feel I am "distributing"

      • Re:I say... (Score:5, Insightful)

        by jnaujok (804613) on Thursday June 14 2007, @12:48PM (#19508289) Homepage Journal
        I think that your comparison is fallacious. A more apt comparison would be if I made a set of CD's with music that I own, ripped to MP3 for my use and then burned to a CD. I then take a stack of those CD's and place them in my truck, tucked into the CD holder I have strapped to the visor. Then, when I park my car, I leave the window rolled down.

        Now, the comparison to the RIAA's case is -- a police officer walks up to my truck, reaches in and takes the disks out of the visor.

        And then he arrests me.

        And *I* get charged with a crime.

        If that's the legal definition of distributing copyrighted materials, then we have a much bigger problem with our legal system then just the RIAA.
        • Re:I say... (Score:5, Interesting)

          by SpecBear (769433) on Thursday June 14 2007, @02:49PM (#19510479)

          Let's try a different take:

          I make some modifications to my copy of Linux. I leave a copy of the compiled version in a directory that's accessible to anybody on the internet who knows where to look. When someone demands the source code, I tell him to go to hell because I'm not distributing anything. Can I get sued for violating the GPL?

      • by 0p7imu5_P2im3 (973979) on Thursday June 14 2007, @12:33PM (#19508067) Journal

        But what if his intent was only to give himself access to his data from any location on campus?

        In that case, it is not distribution. It is giving himself location free and operating system unlimited access to his purchased content.

        If possession is 9/10ths of the law, then my receipt says I can do whatever I want with my legally purchased content so long as I don't produce copies for financial gain.

        There is law against selling copies of content without access to copyrights. There is law against copying content without access to copyrights. There is no law against making one's legally purchased content accessible to oneself (unless you break encryption in the process).

        • by goombah99 (560566) on Thursday June 14 2007, @12:45PM (#19508249)
          agreed. it depends on the degree of willful or negligent behavior. Leaving a case of beer on my front porch is, perhaps, enticing minors, leaving it on my back porch is probably not. We can't hold everyone responsible for data security but perhaps expecting them to know what a public folder is possibly like knowing the difference between the frontyard and the backyard.
    • Digital copying and copyright infringement are two hot topic issues that affect practically all geeks in some way. If you'd rather hear about obscure single-line improvements in the Linux Kernel,all the time, this isn't the place for you.
    • Easy fix, dude. (Score:5, Informative)

      by porcupine8 (816071) on Thursday June 14 2007, @12:21PM (#19507867) Journal
      Click on "Preferences" in the menubar just below the /. logo. Then click on "Homepage" on the next menubar. Scroll down to "Customize Stories on the Homepage" and change the radio button next to "Your Rights Online" (last option in the list) to the big red no sign.
    • This is a particularly interesting point - the general legal standing seems to be that the use of an unsecured wifi AP without the explicit permission of it's owner is illegal, the presumption being that not securing your AP does not imply consent. If we apply this concept to a publicly accessible shared folder - shouldn't not securing it also not imply consent, thereby placing the responsibility in the hands of the person accessing the shared folder?

      Admittedly, it could (and has been in other posts) be