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If I make a self serve machine and tell everyone to use it who's responsibility is it to ensure it's functionality? The customer?
This would be I think more like if a staff member was not charging for gas to turn all the blame on the customers who benefited.
There's no change to the expectation in this transaction... "I swiped my card twice, it broke the process that is supposed to happen, the proprietor does not know that this is happening, I'm not going to tell them, I guess I can just exploit this forever with no ramifications". What's that? The security barrier in this shop is broken? I guess everything is free now.
This happens once, that's an oopsie freebie, you do this every time for months then that is a pattern of criminal behave. You don't just get to take stuff because the process has broken down, and any company has the explicit right to seek recompense from you.
What kinda Kirkland brand minority report is this?
I am not saying she was not taking advantage of this flaw, but the flaw is so bad that I can not in good judgment pin her with theft. Fraud? Maybe. You also have to be careful with legal responsiblity here as it could set a dangerous legal expectation.
She was literally arriving, taking a product, knowingly not paying for it, and leaving... for months. Maybe she should also be facing a fraud case for various misrepresentations, but she clearly stole and that is most logical slam dunk of a route for the prosecutors to take... the act is verified, the guilty mind is pretty identifiable. I guess we'll have to see how her legal team frames things.