Are Retailers Responsible For User Activity On Their Free Wi-Fi?

Retailers, who in the course of business offer free unprotected Wi-Fi, should not be held responsible if their customers use the service to infringe copyright. This is according to the preliminary Opinion of the Advocate General ("AG") of the Court of Justice of the European Union ("CJEU") in the long-running German case of Tobias McFadden v Sony Music Entertainment Germany GmbH (C-484/14). In particular, the AG found that retailers offering such Wi-Fi may be able to rely on the 'mere conduit' defence against liability. The AG also offered his views on the situations in which a national court could order a retailer to take steps to prevent the infringement.

Questions for the CJEU