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takyon [soylentnews.org] writes:

An Advocate General has told the EU Court of Justice that Wi-Fi operators are not liable for the infringement committed by users [torrentfreak.com], in a case that pits Sony vs. a Pirate Party member:

Restaurants, bars and shops that offer their customers free and open Wi-Fi are not liable for pirating users. This is the advice Advocate General Szpunar has sent to the EU Court of Justice in what may turn out to be a landmark case. While there's no direct liability, the AG notes that local courts may issue injunctions against Wi-Fi operators and long as they are fair and balanced.

[...] In 2010, a music pirate on McFadden's network was flagged by Sony, who took the owner of the shop to court. While the local German court was inclined to hold the shop operator responsible for indirect copyright infringement, EU Advocate General Szpunar disagrees.

In a lengthy advisory opinion to the EU Court of Justice, which will issue a final ruling later, Szpunar concludes [europa.eu] that much like general ISPs, operators of commercial establishments with free Wi-Fi are not liable for pirating users. This means that the safe harbor [wikipedia.org] Internet providers enjoy also apply to members of the public who offer free Wi-Fi as part of their business.

"In his view, it is not necessary for the person in question to present himself to the public as a service provider or that he should expressly promote his activity to potential customers," the EU Court of Justice clarifies in a press release today.

The Advocate General does leave room for local courts to impose injunctions [blogspot.nl] on network operators to stop the copyright infringements. However, these should be fair and balanced, without any requirements to monitor users. Also, the operators of free Wi-Fi should not be forced to secure their connections. This requirement would prioritize the interests of copyright holders above the public's right to freedom of expression and information, which would not be appropriate.

Also at The Register [theregister.co.uk], and German Pirate Party activist Patrick Breyer's site [patrick-breyer.de] (German).

Original Submission