The debate about liability for malfunctions

The ECJ report on liability for malfunctions

At the moment, the so-called liability for interference is being discussed more and more frequently. This states that anyone who provides free WLAN access is also liable for copyright infringements by third parties. In the event of misuse, the provider faces heavy fines or even imprisonment. The case of the operator of a lighting and sound technology store, which also offered free WiFi for its customers, gave impetus to the debate. He was sued by Sony regarding copyright. A WLAN user had offered a music album as a free download. The WLAN operator did not want to pay the warning fee and went before the Munich court. The plaintiff is a member of the Pirate Party and is therefore financially supported by it. Because of the scope of the case, it was referred to the European Court of Justice. In March, the ECJ first commented on the case. It is clear that the ECJ declares the current requirements too far-reaching. However, experts consider it very unlikely that the liability of connection operators in the event of misuse by third parties will be completely resolved. However, as the question of the liability of connection operators in the event of misuse by third parties has not yet been adequately resolved, there are always disputes and uncertainties. The legal situation will be clarified in the following months. However, it must be considered that there is a clear separation between commercial and private WLAN providers. According to CDU politician Jarzombek, “effective, proportionate and dissuasive” measures will be needed in the future to prevent WLAN users from misusing them.In order to remain legally secure in the future, an authentication measure is therefore necessary.In the event of misuse, the responsible WLAN user can be identified and there is no risk for the operator of free Internet access. Legally secure WiFi hotspots can be inexpensive and offer additional benefits in addition to security, such as social media marketing and customer analysis.