Wi-Fi Operators Not Liable for Pirating Users, German Court Rules

Wi-Fi Operators Not Liable for Pirating Users, German Court Rules

BERLIN — Germany's highest court last week upheld legislation that offers Wi-Fi operators immunity from acts carried out by third-party users.

The decision by the Federal Court of Justice now makes it easier for individuals and businesses to offer Wi-Fi without fearing civil prosecution for acts of copyright infringement committed by others.

Prior to the ruling, because of the legal concept known as Störerhaftung, or interferer’s liability, a third party who played no deliberate part in someone else’s actions could be held responsible for them.

As a result, Wi-Fi hot spots have been too few and far between in Germany, the E.U.’s largest country in terms of gross national product. Visitors from abroad have found themselves shut out at public venues and unable to access the web like they could in other countries.

With the Federal Court of Justice’s ruling, Wi-Fi providers can offer hot spots with impunity and also have the ability to shut down third-party access to file-sharing services and block certain websites without liability.

The court said that the decision “does not preclude the copyright holder from seeking before a national authority or court to have such a service provider ordered to end, or prevent, any infringement of copyright committed by its customers,”  

The case over amendments to the 2017 German Telemedia law will next travel to the European Court of Justice in Brussels for a final decision.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Missouri Republican Behind FOSTA-SESTA Renews Attack on OnlyFans

Rep. Ann Wagner, the Missouri Republican legislator who was the original architect of FOSTA-SESTA, has renewed her call for federal action against OnlyFans.

Idaho Legislature Passes Republican Age Verification Bill With Full Democratic Support

The Idaho legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Pre-Nom Period for 2024 XBIZ Creator Awards Ends Monday

The deadline for pre-nomination entries for the 2024 XBIZ Creator Awards is Monday, March 18 at 11:59 p.m. PDT.

Rep. Alexandria Ocasio-Cortez Partners With Anti-Porn Lobby NCOSE

Democratic New York Rep. Alexandria Ocasio-Cortez issued a press statement last week prominently highlighting her partnership with religiously-inspired anti-porn lobby NCOSE, an organization that seeks to criminalize all sex work and eradicate adult content, and that has an extensive, well-documented history of championing state censorship and opposing LGBTQ+ rights.

Age Verification Trade Group Weighs In on UK Consultation

The Age Verification Providers Association (AVPA) filed earlier this month its response to U.K. media regulator Ofcom's consultation soliciting feedback on the regulation of adult websites under Part 5 of the Online Safety Act.

WIPO Rules in Favor of Clips4Sale, Orders Transfer of Infringing Website

A World Intellectual Property Organization (WIPO) panel has issued a decision ruling against a Russia-based website operator accused of infringing on intellectual property belonging to clip site Clips4Sale.

Indiana Governor Signs Controversial Age Verification Bill Into Law

Indiana’s Republican governor, Eric Holcomb, has signed into law the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

India Censors 18 Social Media Platforms as 'Obscene'

The conservative Hindu nationalist government of Narendra Modhi has blocked 18 social media platforms in India, claiming they “promoted obscenity and vulgarity under the guise of ‘creative expression.’”

ECP Marks Anniversary of Aylo Acquisition With Emphasis on Trust, Safety

Aylo and Ethical Capital Partners released statements on Thursday commemorating the first anniversary of ECP's acquisition of technology and media company Aylo, owner of a large portfolio of adult online entertainment properties.

Pornhub Blocks Access in Texas Over Age Verification

Aylo has blocked access to Pornhub in Texas as of Thursday morning, following the decision by the United States Court of Appeals for the 5th Circuit upholding the state’s controversial age verification law.

Show More