CyberLaw Blog

Archive for July 9th, 2008

Bits: Senators Weigh Possible Rules for Advertising and Online Privacy: “The Senate Commerce Committee heard testimony from regulators and Internet companies Wednesday about whether Congress needs to set some ground rules for online advertising and privacy.

(Via NYT > Technology.)

Antipiracy Panel Sheds Light: “As we come to the end of the Bush administration, it appears that in the coming years intellectual property theft will likely pose a greater challenge to the survival of most adult entertainment companies than federal obscenity prosecutions.”

(Via XBIZ.com | News & Articles.)

This is an article from: TorrentFreak

Victims of WiFi Theft Not Responsible For Illegal Uploads:

A Germany court has ruled that Internet users operating a WiFi router are not responsible if others use their equipment to infringe copyright on P2P networks. The news is likely to be seen as yet another blow for lawyers Davenport Lyons who have been insisting that German law decisions would be mirrored in the UK.

All around Europe there are instances of individuals receiving demands for compensation due to the fact that their open WiFi routers have been used by others to infringe copyright.

Now, a new judgment has come from the Frankfurt court of appeal. The judges have decided that the owner of an Internet connection is not responsible for copyright infringements carried out without their knowledge on their open WiFi. The same court already ruled that parents are not responsible for copyright infringements carried out by their children.

Lawyers representing copyright holders have long insisted that it is the responsibility of the bill payer to ensure that nothing illegal happens on his connection by taking technical measures to stop unauthorized access by a 3rd party. The plaintiff in this case stated that the IP address of the defendant was tracked making unauthorized uploads of copyright works and demanded damages. The defendant had insisted that not only was he innocent but also away on vacation at the time of the alleged offense.

Regular readers of TorrentFreak will know that lawyers Davenport Lyons in the UK have been sending out many letters which accuse people of copyright infringement when, through ignorance or simple generosity, have simply left their WiFi open for others to use. Davenport state that a previous German court decision has ruled that users are responsible for the infringing actions of others on their Internet connection, and in their opinion UK courts would rule the same. This is the ruling that the Frankfurt court has just over-ruled.

Given this decision, further recipients of Davenport letters should expect to see these comments about open-WiFi liability removed, at least until the highest court in Germany has had the opportunity to review the situation. Describing the decision in Frankfurt as ‘sensational’, Christian Solmecke, a lawyer currently defending around 500 file-sharers told TorrentFreak: ‘The future will show us what the highest court in Germany – the Bundesgerichtshof – says to this difficult question.’

Senate questions privacy impact of Web monitoring for ads:

Monitoring customers’ Web browsing to serve up targeted advertisements is coming under increased political scrutiny on privacy grounds, making the future of the controversial technique among Internet service providers less than certain.

A hearing convened by a U.S. Senate panel on Wednesday is the latest potential obstacle to widespread …

(Via The Iconoclast.)

EU accidentally orders ISPs to become copyright police: “

Legislator: ‘No we never’

Part of the EU Telecommunications Package, agreed by MEPs on Monday, could be interpreted to endorse cutting off P2P users after a written warning or two, even though the author claims that was not the intention.…

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(Via The Register – Comms.)

Peers call for cybercrime shakeup (again): “Peers are calling for a reversal of rules that stop UK victims reporting cybercrimes directly to the police. The House of Lords science committee is also encouraging the government to introduce a data breach notification law.”

(Via OUT-LAW News.)