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Crazy: If someone uses your belongings to commit a crime, it's your fault!

Indrid ColdIndrid Cold Posts: 16,688 Skive's The Limit
http://news.bbc.co.uk/2/hi/technology/10116606.stm

At least that's how it is about internet connections in Germany.

I wonder if it will also be somebody's fault if their car gets stolen and used to hit and kill someone else.

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Ridiculous. But at least the maximum fine is something normal, unlike the absolutely ridiculous claims record companies have made in America.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If you left a gun lying around and someone used it to commit a crime should your negligence be ignored?
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    Indrid ColdIndrid Cold Posts: 16,688 Skive's The Limit
    Big Gay wrote: »
    If you left a gun lying around and someone used it to commit a crime should your negligence be ignored?
    Good question.
    However, I assume you wouldn't think the same about the example I used, with the car (please tell me if I'm wrong).
    Therefore, we need to find out what the important difference between a car and a gun is.
    I suggest it's that the gun's main purpose is to kill. Do you agree?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Big Gay wrote: »
    If you left a gun lying around and someone used it to commit a crime should your negligence be ignored?

    Well I would generally assume that a gun licence has certain obligations that come with it because it's intrinsically dangerous. Having said that, if another adult steals your gun, then no, you shouldn't be responsible for the actions they commit with it. But particularly on the wifi, what they're essentially doing is punishing ignorance. As if the average computer user nowadays knows how to set up one of these out of the box routers in a way that makes it impossible for anyone else to use.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Good question.
    However, I assume you wouldn't think the same about the example I used, with the car

    OK, how about if I left my car with the keys in the ignition, and someone went joyriding in it and hit someone. Would my negligence have contributed to that persons death?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Big Gay wrote: »
    OK, how about if I left my car with the keys in the ignition, and someone went joyriding in it and hit someone. Would my negligence have contributed to that persons death?
    No. That's like the, "If you're drunk, are you partly responsible for your rape?" question.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Big Gay wrote: »
    OK, how about if I left my car with the keys in the ignition, and someone went joyriding in it and hit someone. Would my negligence have contributed to that persons death?

    No, because you're passing blame.

    I hate it, absolutely hate it when people try and blame someone else for their actions with the words "well if they hadn't done X I wouldn't have done Y". I totally disagree with the German ruling, if your actions help someone else commit a crime then fair enough. But your inaction? Or by making a mistake? I'm afraid not. If I left my car with the keys in the ignition and it got nicked then it's my own stupid fault. If the cock who stole it then ran someone over with it, well that person is a cock who shouldn't have stolen the car in the first place.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I've dealt with a few customers in my time who have openly admitted that they've used other people's unsecure connections. I respond saying that they all as bad as each other. The customer for using someone else's connection, and the victim who didn't read the router manual :-) Therefore in my opinion, both parties should pay a small (~£80) fine if they get caught.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Whowhere wrote: »
    No, because you're passing blame.
    .
    OK, so If I leave my keys in my car, and someone borrows it and gets caught by a speed camera, I shouldn't have to pay the speeding fine, even if I don't know who was driing it at the time?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Big Gay wrote: »
    OK, so If I leave my keys in my car, and someone borrows it and gets caught by a speed camera, I shouldn't have to pay the speeding fine, even if I don't know who was driing it at the time?



    I can just imagine the court case

    "yes, I left my keys in the car, someone borrowed it, comitted a crime with and returned it...."

    People used to try that all the time, so now it's an offence to not identify the driver of a car. Whilst it may not be your fault, you have a legal obligation to identify the driver of a convieniently (for the purposes of avoiding prosecution) borrowed car.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Ah, super. Now, when someone says "it wasn't me downloading stuff, it must have been someone using my WiFi" the difference is....?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Quite a bit if you have your connection secure :D
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    Indrid ColdIndrid Cold Posts: 16,688 Skive's The Limit
    Whowhere wrote: »
    I can just imagine the court case

    "yes, I left my keys in the car, someone borrowed it, comitted a crime with and returned it...."

    People used to try that all the time, so now it's an offence to not identify the driver of a car. Whilst it may not be your fault, you have a legal obligation to identify the driver of a convieniently (for the purposes of avoiding prosecution) borrowed car.
    Well, I think that's crazy too. It's a different matter if it can't be proven you weren't driving the car, but if the person's face is clearly seen in the photo and it's not you then the speeding isn't something you should pay a fine for.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If you dont tell the police who it was, then are you therefore obstructing the course of justice?

    If you honestly claimed you dont know, did you report it stolen?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    But it wasn't stolen - the person only borrowed it.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    So you would have known who it was then?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    MrG wrote: »
    So you would have known who it was then?

    Not necessarily. The offense is not "theft", which is the intention to permanently deprive the owner of the car, but "taking and driving away" - as in "Oh damn, it's raining and I'm going to get wet ... but, lo, here is a car with the keys in the ignition! I'll just drive home in it." The intention was just to use the car and abandon it. However, the owner must still report it as stolen to the police to get away with the speeding ticket.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Thats what I mean, if the vehicle was taken without the owners knowledge or consent, you would still report it as stolen.
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    Indrid ColdIndrid Cold Posts: 16,688 Skive's The Limit
    P.S. to the mods - is there an embargo on older folk joining now? My OH is still waiting for his activation email?
    This is best done by a PM. There's no guarantee any moderator is going to see this post.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    This is best done by a PM. There's no guarantee any moderator is going to see this post.

    Silly comment on my part, but thx.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Big Gay wrote: »
    But it wasn't stolen - the person only borrowed it.



    If they borrowed it without your permission then they twocced it, in which case you have to make a formal complaint, which if you've made it up to stop from copping for a speeding ticket you're potentially sending an innocent man to court.

    If you say someone did borrow it then the court won't accept your answer of "but I don't know who". You will then be prosecuted for obstruction or perjury, turning a £60 fine and points into a stay in prison.

    But hey, thousands of people have tried it before you, but what do they know? Give it a go, who knows you may get lucky ;)

    At least with the WIFI thing you can honestly say you had no idea who was using it, although it would be wise to set up security next time.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I'm still not seeing how it is different between someone using my car when I'm not, and using bandwidth I'm not. (except usually your car doesn't get returned, so you do report it as stolen)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Whowhere wrote: »
    But hey, thousands of people have tried it before you, but what do they know? Give it a go, who knows you may get lucky ;)

    I wouldn't try it - I'd consider it to be my negligence, and take responsibility.
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