True.

Moreover, whether the owner of the net is liable or not is irrelevant to the legality of accessing it; in many places, gaining unauthorized access to computer networks is banned; regardless of who's held responsible for infringement (and that's quite possibly both the AP owner and the piggybacker!), charges for unauthorized access are unaffected. And while it may be claimed by some (WANAL) that an open AP does in fact authorize connections, and thus escapes some of these laws, WEP cracking is bypassing encryption. Can you get away with it? Maybe. Is it legal? Almost certainly not.