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It should DEFINITELY NOT be considered theft. It's not like this guy has the option to pay while he's in his car for the service. He turns on his laptop and connects. I believe it should be up to the cafe to encrypt their signal. Just like with satellites, there was a whole grey market thing when they first weren't encrypted allowing regular home users to simply 'catch' signals since it is directed into their own homes. In Canada, the carrier must encrypt their signal, otherwise it wouldn't be considered theft since anyone at home has the right to catch signals coming into their own homes. This guy is in a public place, the cafe's signal is reaching him outside so that's the cafe's responsiblity to either setup a system where people have to pay, or encrypt it and not allow people to catch it outside.
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