No 101/2010
liability for inadequately secured Wi-Fi Connection
individuals can omission, but not be made to a claim for compensation if he is not sufficiently secure wireless connection by unauthorized third parties used for copyright infringement on the Internet. This was decided among other things, responsible for copyright First Civil Division of the Federal Court.
The applicant owns the rights to the song "summer of our lives." With the aid of the prosecution was determined that this title was adopted by the Internet from the defendant offered to a sharing network to download on the Internet. The defendant was in the period in question, however, leave. The applicant seeks the defendant injunction, damages and reimbursement of Abmahnkosten.
The District Court has sentenced the defendant in the application. The appellate court dismissed the action.
The Federal Court of Appeal overturned the verdict, if the appellate court had dismissed the application with the application for an injunction and the request for payment of Abmahnkosten. The Federal Court held that the liability of the defendants as perpetrators or participants of copyright infringement can not be considered. And private port owners responsibility but a duty to consider whether their wireless connection is protected by adequate safeguards against the risk of being hit by an unauthorized third party misused to commit copyright infringement. The private operator of a wireless network can not be expected to their network security can continually adapt the latest technology and spend it with adequate funding. Their audit requirement, therefore, relates to compliance with the time of installation of the router for the private sector arm's backups.
This duty had violated the defendant's view of the Federal Court. He had it at the factory default security settings of the wireless router replaced and leave the password by not a personal, sufficiently long and secure password. Such a password protection has been for private wireless users as early as 2006 and are reasonable. He was in the vital interest of all legitimate users, and was associated with any additional costs.
The defendant shall be liable therefore under the legal principles of the so-called nuisance liability for injunctive relief and for reimbursement of Abmahnkosten (according to existing laws, the dispute has not yet applicable laws fall far up to 100 €). This liability exists even after the first of its Wi-Fi Connection committed copyright infringement. In contrast, the defendant is not liable to pay damages. A liability as the perpetrator an infringement of copyright has denied the Federal Court, because the defendant made the music in question via the Internet. A liability as an accomplice in the foreign copyright infringement would have required intent, where it was lacking in the dispute.
Case of 12 May 2010 - I ZR 121/08 - Summer of our lives
Frankfurt Higher Regional Court, Judgement of 1 July 2008 - 11 U 52/07 (GRUR-RR 2008, 279) LG Frankfurt, Judgement of 5 October 2007 - 2 / 3 O 7.19
Karlsruhe, 12 May 2010
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