ldsudduth hits the nail on the head---
The world is too filled with nonsense about 'intent'. Intent is hogwash--if you eat the apple or use the wi-fi or take a paperclip from the office without asking it is, in plain and simple language, stealing.
There are no gray areas in ethics; it either is or isn't. The pen analogy works because by using the wi-fi, you are depriving the person paying for the bandwidth of their rightful use of that bandwidth permanently--they can never regain the bandwidth used during that specific time period; just as you are depriving the person of the ink in the pen that was paid for. The only difference is the transcience of the wireless; there are no perfect 'real world' analogies to the transient nature of wi-fi, so you have to extract the time moment.

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RE: It's interesting to see this..
At face value, I suppose as you say, someone is paying for something and someone else is getting the benefit of it for free. That in the end is a “theft” of some sort even if the consequences are deemed negligible. However, it’s exactly the potential negligibility of the consequences of using someone else’s wireless internet connection that keep this issue going.
In many ways this topic is reminding me of the strange old Asian folktale "Theft of a Smell" where (in this version) a man is accused of smelling a neighbors cooked fish in order to ease an illness. In the end the man has to pay the neighbor with the "sound of money". Anyway, these wireless radio waves are all over the place, propagating onto other people's property just like a smell might. It can almost be compared with a scenario where your neighbor has roses or honeysuckle that they paid a landscaper to install, and then you reap the benefits of the sweet smell as you relax on your deck. Not many people would block their nose to avoid this.
Your pen analogy isn’t quite right unless it is a magic pen that also fills itself back up with whatever ink has been used before you return it. Bandwidth is transient, and replenishes as soon as your disconnected.
A different analogy: (For anyone reading this.) You are walking along a country lane that is lined with apple trees. You may or may not know who the apple trees belong to, but feeling hungry you pick one and eat it as you walk along. Did you steal? Technically yes, but judging from the amount of apples (bandwidth) lying waste on the ground, the consequences of your action are tiny. But at this point I have to ask a question. If the farmer who owned the land were present, would you then take the apple or would you wait until he was out of sight? If your neighbor somehow found out you were using their internet connection, wouldn’t it be an embarrassing situation? The fact that you wouldn’t want them to know says plenty about ethics.
It’s also a person’s true intent that speaks to the ethics of this situation. If you’re in your car parked in the city somewhere and you notice your laptop has connected to a nearby hotspot, so you take advantage and check your email, there is really no bad intent here. On the other hand if you hook up a cantenna and begin using your neighborhood's unsecured wireless in an effort to never pay for your own service, or even worse, to run illicit websites from, the ethics problem is obvious.
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