EUROPEAN UNION
Wi-Fi network operators' liability for copyright
infringements
On 15 September 2016, the CJEU ruled in the Tobias McFadden case
that a vendor offering an open free Wi-Fi network to the public
cannot be held liable for copyright infringements committed by
users of such a Wi-Fi network. Thus, a copyright holder is not
entitled to claim damages from the Wi-Fi network operator on the
grounds of such infringements (e.g. music downloads, etc.).
If, however, the Wi-Fi network is used unlawfully, the Wi-Fi
operator may be required by court or administrative order to
password-protect its network in order to bring an end to or prevent
such infringements. Before obtaining the password, users will be
required to reveal their identity and thus will be unable to act
anonymously. In such cases the copyright holder shall be entitled
to claim reimbursement of costs incurred by giving formal notice
and initiating court proceedings against the Wi-Fi operator
