ECJ to rule that providing open internet connection is not a crime?

In a recommendation the Advocate General to the European Court of Justice (ECJ) states that business who provide free, open Wi-Fi to customers should not be responsible for copyright infringements carried out on their network.

But there might still be national restrictions. Glyn Moody at ArsTechnica:

However, the Advocate General ruled that national courts may issue injunctions against the provider of free Wi-Fi services in the case of copyright infringement provided they are “particular, effective, proportionate and dissuasive”; and “that they are aimed at bringing a specific infringement to an end, and do not entail a general obligation to monitor.” Moreover, courts must strike a fair balance between “freedom of expression and information and the freedom to conduct business, as well as the right to the protection of intellectual property.”

The Advocate General goes on saying that there need to be no obligation to secure an open network with a password. It might even be possible that a shop or a café providing open Wi-Fi might be covered by the mere conduit principle. (Under the mere conduit principle of the EU E-Commerce Regulations of 2002, network operators have no legal liability for the consequences of traffic delivered via their networks.)

Now it is up to the ECJ to draw its final conclusions. But the court normally rules in line with the Advocate Generals recommendations.

This is good news for an open, creative society where people work and use their devices in public establishments. Providing free internet connection should not be a crime.

ArsTechnica: Free Wi-Fi providers not liable for user’s piracy, says top EU court lawyer »

/ HAX

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