AAL Insight: Wi-Fi providers not liable

Feb 10, 2018

Written By Jack J Collins, Editor, AllAboutLaw.co.uk

A landmark moment took place earlier this month in the European Court of Justice regarding the debate about whether Wi-Fi providers should be liable for felonies committed by their users.

The advocate general of the European Court of Justice, Maciej Szpunar, has advised the court that it would be unfair to hold the owners of shops, bars, hotels or other public Wi-Fi spots, liable for any breaches of copyright law committed by their users.

This advice is likely to shape the direction that the court will take on the matter, and will mean that providers will be protected as long as they have shown compliance with legal proceedings and are doing as much as they can to stop infringements by users.

The decision comes following the case of Tobias McFadden, whose company selling and renting sound systems also offered public Wi-Fi access, and who was ruled to have been ‘indirectly liable’ for illegal music downloads by public users via his internet connection, by a Munich Court in 2010.

If this was to become European Law, as is suggested, it would mean that any providers would only have limited liability of any illegal acts committed by public users whilst on their connection, preventing them having to pay costs of damages caused.

It was pointed out however, that injunctions over these providers would not be stopped, but they would have to strike a balance between stopping specific felonies and freedom to carry out business as one prefers.

Whilst there is no set date for the final decision by the European Court of Justice, it is expected that Szpunar’s view will be considered exceptionally highly within the Court, and that their judgment will be delivered along the same lines, later in the year.

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