Chris Eastham and Marina Khawaja comment on the CJEU's recent judgment on an issue that has kept many free Wi-Fi network providers and digital rights campaigners in eager anticipation...
Another day, another (likely) win for internet intermediaries. In yet another show-down between rights-holders and internet intermediaries, the AG has issued an opinion confirming that a provider of free, public Wi-Fi is not liable for copyright infringements committed by users of that Wi-Fi. Furthermore, while a court may still order an injunction against such a provider to prevent further infringements, that injunction may not include an obligation to monitor the Wi-Fi or password-protect it. While this is a victory for free Wi-Fi lovers across Europe, it highlights the legal (and practical) difficulty of enforcing IP in a digital age.