Current ECJ ruling: The network operator is liable in the event of illegal file sharing

Please note that this is an editorial contribution and not legal advice.

Socialwave customers don't have to worry about judgments regarding WiFi liability. With Socialwave's professional guest WiFi, you're always on the safe side. However, if you don't protect your WiFi network with a professional hotspot, care should be taken.

Another verdict on WLAN liability: the European Court of Justice ruled yesterday on the problem of illegal file sharing. The owner of a connection is now liable for copyright infringements even if they were allegedly committed by a family member. So far, the case law in Germany has looked different - this will change in the future. The vague talk about protecting the family is no longer enough. What applies here in the private sector can also be applied to business people.

The current case shows that operators of WLAN networks must always ensure that no illegal downloads or uploads can be carried out. This applies both in the private and business sectors.

Even family access does not exempt from liability

In this particular case, the publisher has Bastei Lübbe sued. The defendant is a man whose connection was used to upload an audiobook to a swap site and offered for download. In response to the lawsuit, the owner explained that his parents also had access to the connection, but to his knowledge they had never used the exchange site.

According to previous case law, this vague statement would have been enough to get away with it. The Federal Court of Justice initially only makes a presumption that the owner is also the perpetrator. If the latter uses specific examples to show that he is not the only user of the Internet connection, he can refute this presumption. If the following are family members, no details need to be given. According to the protection of marriage and family enshrined in fundamental rights, there is no need to provide more detailed information about the benefits provided by relatives.

It is therefore not clear who has infringed the copyrights. The Munich Regional Court has therefore asked the ECJ to interpret the rules.

ECJ rules in the interests of the music industry

The ruling strengthens the protection of intellectual property rights. The EU makes it clear that every state must provide appropriate sanctions and remedies against copyright infringement. Accordingly, intellectual property law must be balanced with respect for family protection. Because “there is no such balance when the family members of the owner of an Internet connection over whom copyright infringements have been committed through file sharing are granted quasi-absolute protection.” The judges stress that a family must not be a lawless space for illegal file sharing.

It is therefore important that national courts can request evidence to identify the perpetrator. Otherwise, it is impossible to preserve the fundamental right of intellectual property. Since two fundamental rights clash here, the national court must find a middle ground, a so-called balance.

As a result, the direction of the judgment regarding copyright infringements in German courts will also change. The Munich Regional Court will decide exactly how this case will proceed. It is clear that even the family no longer serves as a shield, because everyone may also be held liable.

Securing with Socialwave

As you can see, it is still not safe to offer open WLAN without security, as the legal situation is ambiguous. Not even the family protects against liability.

So if you want to share your network with several people, you need to take precautions. In this case, we absolutely recommend the professional hotspot of Socialwave. This means that you are on the safe side when it comes to all legal issues. This is particularly important in a business context, as Socialwave protects you not only from liability for interference but also from issues such as the General Data Protection Regulation. The login to the Socialwave Hotspot takes place through an identity query; if a copyright infringement now occurs via the Socialwave Hotspot, users can be identified at this time using the login protocol. You can find more information about this here.

More details about the verdict can be found here.

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