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GREYSEAL
Once installed the PC owner has now become the Licensed User. They are also provided with very clear instructions on how to change the paremeters within the software to allow, restrict or deny total access to their PC by and external party. If they fail to change the access paremetres, then they are giving legal permission for any of the other Millions of people with similar sofware (Limewire, Kazaa, Bearshare, 360Share), to have access to the files on their PC.
Consider the case of a person with wireless broadband who has left their wireless footprint open (the default setting.)
As far as I am aware, in the UK you are still commiting a crime if you access their computer, and it's punishable by imprisonment.
It's not their responsibility in the eyes of the law to do this- even though it's common sense.
This may be a similar matter.
Love
Kath