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Open Wi-Fi networks free from copyright liability—for now

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Published on: 23 March 2016

Published by a LexisNexis IP expert

Table of contents

Original news
What was the background to this referral to the CJEU?
Briefly, what was the nub of the questions referred?
What did the AG opine?
In particular, what was the AG’s reasoning behind free Wi-Fi services falling within the scope of an information society service within the meaning of the EC Directive?
If the Court of Justice follows the AG’s opinion what might this mean for those providing free Wi-Fi services?
If the opinion is followed, what might that mean for rights holders seeking injunctions against providers of mere conduit services?
What messages should lawyers take from this opinion?
What is missing from this opinion?

Article summary

IP & IT analysis: Following a reference by a national court to the Court of Justice of the European Union (CJEU) for a preliminary ruling, Attorney General (AG) Szpunar gave his opinion that a business owner providing a free public Wi-Fi connection is not liable for copyright infringements by users of that network. Andrew Butcher, associate at Bristows examines the potential ramifications.

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