In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points. The court ruled that the operator of a private WiFi access point is not generally required to inform or warn adult users about the illegality of the internet file sharing of copyright-protected content if there are no concrete indications of intended illegal use of the internet connection by such users. The court’s decision points in the same direction as a current legislative initiative which grants publicly accessibly WiFi access points the same liability privileges as internet access providers.

DECISION OF THE GERMAN FEDERAL COURT OF JUSTICE ON 12 MAY 2016 -

The BGH addressed the question of liability of operators of WiFi access points for the copyright infringements of users of such access points. The plaintiff is the owner of the exclusive exploitation rights to the film “Silver Linings Playbook.” She claimed from the operator of a WiFi access point the reimbursement of the legal costs of a warning notice (Abmahnung) against illegally making the work publicly accessible. The defendant argued that her Australian niece and her niece’s life partner had committed the infringing act while using the password-protected WiFi of the defendant. Whereas the local court dismissed the action in the lower instance, the regional court ordered the defendant to pay in favor of the applicant.