That's because you are applying the conventional sense of logic
of property and location to a technology that transcends physical
boundaries.
Take a course in Web Studies and you will know what I mean, the
legalities for such occurances is still quite murky, and only we
are stupid enough to lump it together with physical theft when the
comparative point of breaking in, has not even happened here, i.e
brute force cracking of the WPA/WEP, or physical theft of documents
that provide the password or key to the network.
The whole problem here is that even by sharing my network, the
system frowns on it because I have taken one potential customer
away and provided for a direct challenge on the concept of paying
for a service. This has much to do with the culture here as it has
to do with a legal system that pays heed to the lettering and not
to the spirit of the law. In fact, the first case was dealt pretty
fine IMHO, and the judge was prudent to give him just a slap on the
wrist, whereas the prosecution was screaming bloody murder et
al.
What is needed is a differentiation to be made, but I believe the
legal codes here are not attuned to the changing times of the
Internet Age.