ARTICLE · 27 SEPTEMBER 2016

Open Wi-Fi And Copyright - The CJEU McFadden Decision

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The CJEU has today delivered its judgment in McFadden, concerning the liability for user copyright infringement of a shop providing free Wi-Fi.

European UnionIntellectual Property

The CJEU has today delivered its judgment in McFadden, concerning the liability for user copyright infringement of a shop providing free Wi-Fi. The CJEU confirmed that the provider benefited from conduit protection from damages under the Electronic Commerce Directive. On the other side the decision opens the door to copyright owners seeking injunctions to require Wi-Fi providers to password protect accounts and obtain user identity information.

The CJEU considered what obligations an injunction to prevent copyright infringement may legitimately impose on a free Wi-Fi provider; in particular whether some specific kinds of obligation are prohibited under the EU Charter of Fundamental Rights.

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