Re: [Finland] Open WIFI owner not liable for infringement
Francis Davey <fjmd1a@...
2012-05-23 23:09:23 GMT
2012/5/23 Igor Mozolevsky <mozolevsky@...>:
> From: http://www.turre.com/2012/05/finnish-court-open-wifi-owner-not-liable-for-file-sharing-copyright-infringement/
> "In a landmark ruling, a Finnish District Court (Ylivieskan
> käräjäoikeus) has today clarified the legal status of WiFi owners for
> internet file-sharing in the light of various pieces of EU
This is essentially what I said at UKNOF in May:
It seems clear to me that a wifi owner cannot be liable for
infringement of the reproduction right or for authorising any
infringing act. There's a long line of authority which, I think, makes
that quite clear. They aren't copying and merely because someone is
able to use the wifi for something unlawful, doesn't taint the owner
with the conduct.
It also seems clear that there cannot be any liability in negligence
or on some other theory outside the Copyright Act.
That leaves infringement of the making available/communication to the
public right. I am quite sure that is also not infringed.
So the Finnish court's decision seems right.
* Obviously the matter will be quite different where the wifi owner
colludes or encourages in some other way. Setting up a cafe called