Beeper can sue. Anyone can sue. But it’s whether the case has merit. Beeper’s would have none. Apple would counter sue, claim CFAA, and probably win without much effort at all. Their network, their rules, period. I am truly baffled how many people on HN think it’s cool for some third party to circumvent protections and use a network they don’t own or control. Remember peaking? Yeah.
If this was YOUR network, would you be fine letting some third party, who’s not paying you, to use it as they wish and profit from that use? I really doubt it. If you say sure, that’s totally fine, I will challenge anyone here to prove it. Accordingly, please post your WiFi network credentials and GPS location here. We can use your network just like Beeper used Apple’s. Then sell access to others through our connection.