This would be a good case to take to the high courts as the precedent has NOT been set. People do not subscribe to the wireless service that they're broadcasting as is the case with the old 800mhz telephones. They subscribe to a wired service and voluntarily open a wireless portal which in all likelyhood extends beyond their physical property limits. Additionally, by providing the service in this manner and not taking reasonable precautions to identify or secure it, they have no case. It's highly unlikely that they will spend the money to prosecute.
On balance, the guy did not use common sense. When people stop doing that, somebody asks for a legal ruling and turns the rest of us into criminals.
Let the hive mind of Engadget get that for you.
"I'm heading to university next year, and I've purchased a MacBook. I'm also taking my four year old desktop, just in case I'm left with no computers when the MacBook is being repaired or whatnot. With only two USB ports on a MacBook, I want a Bluetooth mouse. Budget is about $100, and of course, it needs OS X support. Thanks for the help!"
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