An interesting analogy, but to play in someones back yard without permission is not a criminal offence. It is socially unacceptable and that is why we do not do it. If however you are on someones property and you are asked to leave, but do not, then you can be done for tresspass.
The reality is, I pay for a wireless 3g card, I pay for my Iphone unlimited data, I pay for wifi at home, but when I am not at home I will happily enjoy an open wifi connection for speed reasons...
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