Providers of free WiFi, like shop, bar and hotel owners, are not liable when users download or upload copyrighted content through their network, according to Advocate General Maciej Szpunar from the European Court of Justice. The ruling of 1 of the 10 Advocate Generals of the European Court is not binding but the court's judges generally follow their advice.
The case was about a free public WiFi network provided by a company near Munich that trades sound and lighting systems. The company's network was used to download pirated music from Sony in 2010.
The Advocate General has now ruled that the Munich company is not liable for that download but that an injunction could be imposed on free WiFi suppliers as long it ensures that the measures are "in particular, effective, proportionate and dissuasive". Further the measures should be aimed at "bringing a specific infringement to an end or preventing a specific infringement " and do not entail a general obligation to monitor and that a fair balance is achieved between the applicable fundamental rights, in particular, freedom of expression and information and the freedom to conduct business, as well as the right to the protection of intellectual property.
Szpunar noted, however, that such an injunction cannot force the wi-fi supplier to either end the internet connection, protect it with a password or check everything transmitted through it.
