Abstract
This paper analyses why marketing short range devices (SRD) as radio frequency identifiers (RFID) might backfire on the RFID industry. To support this claim it provides a legal use case as basis and gives an overview of selected technical parameters of RFID. Furthermore an analysis of 43 legal articles shows that legal experts perceive the technology of RFID in an undifferentiated way. Finally an analysis of 11 tag providers of so called "active RFID tags" shows that SRD are marketed as active RFID. It concludes that in order to avoid inhibiting legal consequences which might have negative effect on the RFID industry a differentiated approach regarding the functionality of short range transmitters and RFID is necessary.
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