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Open WiFi Owners Off the Hook In Germany

Posted by timothy on from the gefehlt-mir dept.

ulash writes "Ars Technica reports that a court in Germany ruled in favor of an open WiFi network owner stating that if other users use your open WiFi network without your consent and download copyrighted material, you cannot be automatically held responsible for their actions. This does not carry much (if any) weight in the US but here is to hoping that it will at least have a positive impact in the EU as starters."

3 of 215 comments (clear)

  1. Hmmm... by darklich14 · · Score: 5, Interesting

    Do taxpayers get reprimanded for drug trafficking done on roads their tax dollars pay for? So why should someone providing network access be reprimanded for illegal action done by someone else on their connection? Who knows.

    1. Re:Hmmm... by HungryHobo · · Score: 4, Interesting

      If I have a second home which get's broken into while I'm away and is used by the squatters for a mail scam am I liable for what they do?
      The packets are coming from my house with my return address yet I'm not the one sending them.
      (equivilent to someone hacking your network)

      If I lock my door but there's a lose window people can get in should I be a criminal for not securing it properly? (kinda like using WEP)

      If I'm just a hippy who doesn't believe in locking my door because "it's like.... a barrier to people man." should I be subject to the same regulation as hotels,hostels and landlords?

  2. Re:Negligence is not a defense by Jezza · · Score: 4, Interesting

    Negligence?! You're kidding right?

    If you look at it this way you'll kill WiFi. Imagine I own a coffee shop (hell this is the Internet - for all you know I do) and I want to provide WiFi to get laptop toting punters in (access could be paid for or free - it matters not). How do I do this without opening myself up to some lawsuit? Don't be silly, if some patron downloads a song while sipping an expresso in my coffee emporium, the he (or she) is responsible for that, not me, just trying to scrap a living selling caffeinated hot beverages.

    (Right I'm off to put the kettle on - there's punters here!)