RSSGerman ruling may clear victims of legal liability for Wi-Fi theft
By Ed Oswald | Published July 10, 2008, 5:51 PM
A court in the country has ruled that Internet users who are victims of Wi-Fi theft cannot be held responsible for illegal P2P activity if it occurs as a result of that incident.
The development could lend support to efforts elsewhere to clear victims of any liability when it comes to copyright infringement. The argument that router owners are indeed liable, has been used by Davenport Lyons in its work with the industry in the UK.
With the blessing of the recording industry, the firm has been sending out letters to those who may have not secured their wireless networks. Unbeknownst to them, someone used their connection to download pirated content over a P2P network.
Davenport had been using an earlier German court ruling that seemed to suggest connection owners were liable for any illicit activity over their connection, and expected the courts in the UK to rule in the same fashion.
Letters have been going out to those suspected since at least the beginning of this year. However, supporters of P2P point out that subsequent decisions have been made in the contrary, siding with the individual over the industry.
This week's ruling seems to continue to follow the same premise, and overturns the exact judgment that Davenport was using to justify its own letters. It was not clear whether the firm would reword its letters to reflect the new court decision.
A request for comment from BetaNews likely reached the London firm after the close of business Thursday local time, although Davenport may answer Friday.
This just proves that the RIAA is just spinning their wheels. The idea of "pirating" so way too broad to cover and it is VERY difficult, and in some cases impossible, to pinpoint direct sources of the offender(s).
There are way too many minor instances that prove the RIAA is really getting nowhere.
Wifi "theft" is so widespread that you cannot punish the unknowing "host".
Someday, hopefully, the RIAA will dissolve or soon realize that they are getting nowhere.
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RIAA believes pirating is not paying 5 times for the same thing..
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Good. Now the U.S. needs to implement this ruling.
I agree with kazzi, common sense at last.
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Common sense at last.
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They send out letters to people just because they want to share their internet or dif not lock down their personal router?? This does not make sense.. an IP is an address not a MAC address. The RIAA/MPAA once again is above the law or trying to be!
It ruling shows that the courts are getting educated about that the internet is..
I can see the ISP cutting service for this but getting sued??
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*ponders*
You are aware that this is a ruling in Germany, and the organizations you listed are:
Recording Industry Association of America
Motion Picture Association of America
Notice a problem here?
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