Störerhaftung: Federal Supreme Court confirms WLAN Liability Act

Do restaurateurs or other providers have to be liable if their WLAN is used illegally? The BGH has made it clear in a principle judgment when that may be the case.

Störerhaftung: Federal Supreme Court confirms WLAN Liability Act

Internet users who open ir WLAN to general public will no longer be able to be sued for omission if someone abuses ir connection for illegal uploads. A corresponding statutory regulation of 2017 to abolish so-called Störerhaftung confirmed Federal Supreme Court (BGH) in essential points.

In process, a computer game producer had to warn a man who has several open wireless networks (WLAN). 2013 someone offered to download a game in an Internet exchange.

The new tele-Media Act is compatible with European law, because damaged companies still have possibility to legally oblige WLAN operator to block certain contents. The Court stated that defendant had refrained from doing so in an unlawful way to counteract risk of copyright infringement known to him by means of technical precautions. The blocking of file sharing software is technically possible and reasonable for defendant.

The supreme civil judges had to deal with new legal situation for first time. In ir principle judgement, y clarify many open questions. Some passages in law, which y consider to be inadequate, are also set out in sense of EU law.

Updated Date: 27 July 2018, 12:02

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