A year-long legal battle for the net activists Tobias McFadden for free Wi-Fi in Germany is coming to an end. The Federal court of justice (BGH) in Karlsruhe rejected on Thursday the Revision of the music group and Sony.
This is a judgment of the Munich higher regional court from March 2018 final. (Az. I ZR 53/18) on the question of whether the Internet user to open your wireless network for the General public, for copyright infringement over their connection.
McFadden had been reprimanded in 2010 by Sony, because someone had downloaded over the open Wi-Fi from his offices illegally a Song. In the debate he was supported by the pirate party.
Because of the fundamental importance of the Case, the case went to the European court of justice. Meanwhile, the so-called fault liability on the part of wireless operators is abolished in Germany. The Supreme court has confirmed the new legal situation in a principle of judgment.
The Munich higher regional court had recently ruled that McFadden must pay the old Abmahnkosten, Sony can’t commit due to the change in the law, but for the future, to prevent further copyright infringement.
it is not according to the BGH, but because McFadden took advantage of his connection to private, but for commercial purposes. Business people had been under the old legal situation, only then obliged to secure your network with a password, if you have someone pointed out a breach of law, said the presiding judge, Thomas cook in the negotiation. Sony McFadden had given prior warning of such a note was not found.