Commercial WLAN operators will soon be certain about when and in how far they are liable for violations of third party rights by their users. The District Court in Munich (7 O 14719/12) has stayed the proceedings in a pending litigation and has submitted questions to the European Court of Justice (ECJ).
Inter alia, the court asks the liability privilege regulated in the European e-commerce directive and the German Teleservices Act (“Telemediengesetz” – TMG) is to be interpreted in a way that claims for injunctive relief, damage claims, and claims for the reimbursement of costs for warnings and court proceedings are excluded against the WLAN-operator in general or at least with regard to the first violation of third party rights. According to the respective provisions in the directive and the TMG; access providers are not responsible for the information submitted through their services.
According to German jurisdiction, WLAN-operators can be held liable for online-infringements on third parties’ rights committed via their connection to the internet. That is, unless the operator duly fulfills his obligation to make sure such infringements cannot and will not be committed via his connection. This also applies to WLANs operated in cafés, bars, hotels and similar places. In all these places, the WLAN operator basically has to check what his customers do online and to oblige them to act according to law. Continue reading
Germany’s Federal Constitutional Court has just reminded the Higher Regional Court of Cologne (one of the courts that will hold you liable for just about anything that third parties, i.e. your children, your neighbors, the guests of your hotel etc., might do using your WLAN) that, contrary to what the Cologne Court assumed, not all legal questions have been answered. The Cologne Court had refused a request by the defendant to be granted a second appeal to the Federal Supreme Court because it assumed (for reasons no one can really understand) that the Supreme Court has already decided on the relevant legal issue. Continue reading
As reported by heise, the Senate of Berlin (in its capacity as government of the Federal State of Berlin) will, it has been announced, put forward a motion in the Federal Council of Gemany (the second “half” of the federal parliamentary instutions next to the Bundestag) aiming at rewriting – or actually writing for the fist time – the law on the liability of those who operate WLANs for unlawful acts commited by other people through those WLANs. If successful, the motion could finally put an end to, or at least regulate by democratic means, some of the rather strange views that the German courts have taken over the past ten odd years regarding this particular “problem” of the Internet age. Continue reading