Read
this (if you understand German...).
The first sentence of this article translated through translate.google.com:
"The dispute over the legal consequences of an open wireless continues. The Higher Regional Court (OLG) in Frankfurt continued a recent decision, the liability of the wireless operator for the improper use of his connection by unknown third parties, and clearly highlighted the different judgement of the lower court."
Total court confusion .
google has a problem to translate the first part of the
whole text but it's worth to read it and it's better than the translation through yahoo.