CJEU case on liability for copyright infringements if offering password-free free internet access

In Case C-484/14 McFadden, a reference for a preliminary ruling from Germany is seeking clarification as regards the liability of internet service providers (ISPs) for third-party copyright infringements.

"If a person offers free non-password-protected access to the Internet, and an unknown user passes a piece of copyright-infringing music over that Internet connection, then can the person offering the Internet access be absolved of legal liability on the basis that he is but a ‘mere conduit’ under [Article 12 of] the EU’s ‘E-Commerce’ Directive 2000/31/EC [read in light of Recital 42 in the preamble to this very directive]?"

More facts about the case are available here.

Country: EU

Domains: IPR

Stakeholder: European Bodies

Tags: court case, ISP, infringement, copyright, CJEU, mere conduit, liability, free, Internet, Wi-Fi

Posted on Wednesday 26 November 2014

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