An Unsecured Wi-Fi Network Equals an Open Invitation

I think this case is fascinating. Is using an open, unsecured wireless network stealing from the owner? I must agree with Coursey here, I have a hard time believing it is. Even putting simple, crackable WEP security on a wireless router says "No Trespassing" but unsecured wireless...what's being stolen? Bandwidth? Can you prove damages from lost bandwidth on a 3mbps connection to the Internet? If you're sniffing someone's traffic, that's wrong but just getting on to check e-mail and surf? Lots of questions but not a lot of answers.