Free WiFi? ECJ assesses liability for copyright infringement
Nina O'Sullivan and Matthew Green
Business Shapers
21 October 2016

Free WiFi? ECJ assesses liability for copyright infringement

The Court of Justice of the European Union (ECJ) has ruled that a provider of a WiFi network which is freely open to the public cannot be held liable for copyright infringement carried out by users of the network. However, the ruling in McFadden v Sony also confirmed that a right holder can seek an injunction against a business providing access to its WiFi connection to prevent further infringement of its Intellectual Property (IP) rights. The Court also said that such an injunction could include a requirement that the internet connection is password-protected, provided that users are required to confirm their identity in order to obtain the password.   

Whilst in practice, most businesses require passwords to access their connection - although it may not be feasible always to police easily the information given by a user to obtain the password - this decision may have significant implications for those businesses that allow unrestricted access such as, for example, cafes and bars. 

Read the full article here.