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The wifi signal was unencrypted.... free and in the clear.
It would be like if someone started a pay radio station, put it free and in the clear on say 1400 AM, and said that the station was only for those that had paid a subscription fee...... would it be theft if you tuned your radio to 1400AM and listened??? Hardly.
Same with a pay website, if they said that memberships were $20 a month, but had no password protection... and then went around recording IP's and laying charges against anyone that happens to land on their website.... ridiculous.
These cases should have never made it to charges.
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