Retailer not liable for piracy using free wi-fi

Retailer not liable for piracy using free wi-fi

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Retailers or horecaeigenaren can not be held liable when users of their free wifi network copyright infringement, for example, by uploading a movie.

That considers the European Court of Justice. The Court takes the earlier opinion of the advocate general thus.

The case revolves around a company in light and sound technology in the near of Munich, free wi-fi offers. In 2010, it was through that network illegal music where Sony over the rights of. Sony wanted the shop indirectly liable because the network was not secure.

According to the Court, is the shopkeeper in such a case, however, not be liable. Therefore, it can not of the ondermemer be expected that he or she has the internet connection off, protects or controls for the illegal provision of, for example, movies or music to avoid.

However, he or she can by a national court or authority to be forced to follow the copyright infringement to terminate or to prevent, for example, by the network, protect it with a password.

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