Advocate General Szpunar from the European Court said that the operator of a shop, hotel or a bar who offers free Wi Fi for the public is not liable for copyright infringements that is committed by the users of that network.
However, an injunction can be issued against that operator so as to conclude the infringement but it is not possible to have termination or password protection of the internet connection. It is also not essential for examination of all the communications that are transmitted through it.
In a case the Court of Justice was called to clarify to what extent a professional who operates a Wi Fi that is accessible to the public free of charge can be held copyright infringements committed by the users of that network. The opinion of the court will also help the European Court of Justice decide on a case that was referred from Germany about a business in Munich that stands accused of indirect ability in a case that was brought by Sony.
It was observed that in 2010, a musical work was unlawfully offered for downloading through that connection that was owned by Tobias McFadden. Tobias McFadden operates a business that sells and rents lighting and sound system.
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