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ARTICLE · 14 JUNE 2016

Operators Of WiFi Access Points Not Liable For Right Infringements By Users

Morrison Foerster
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In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points.

GermanyIntellectual Property

In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points. The court ruled that the operator of a private WiFi access point is not generally required to inform or warn adult users about the illegality of the internet file sharing of copyright-protected content if there are no concrete indications of intended illegal use of the internet connection by such users. The court's decision points in the same direction as a current legislative initiative which grants publicly accessibly WiFi access points the same liability privileges as internet access providers.

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