Anonymous Wi-Fi Services And Copyright Infringement

A recent decision of the EU's highest court has confirmed that a Wi-Fi service provider is not responsible for copyright infringement that took place using the Wi-Fi services provided by them.  However, the court said that the Wi-Fi service provider could be subject to an injunction which requires it to password-protect the internet connection, provided that users are required to reveal their identity in order to obtain the required password and may not act anonymously.

The Facts

Tobias McFadden runs a business selling and leasing lighting and sound systems in Germany.  He also operates an anonymous access wireless local area network, free of charge in the vicinity of his business.  Access to the network was intentionally not protected. Mr. McFadden is a strong proponent of the protection of personal data and against excessive state surveillance.