Germany Approves Draft Law to Protect WiFi Operators From Piracy Liability

[Zarathustra[H]]

We saw one example earlier today of Germany's ability to craft boneheaded legislation. To prove that we are not filled with hate of the Germans, here is one that is quite the opposite. Germany has approved a draft law which explicitly protects open Wi-Fi network operators from liability in piracy charges.

My question is, if Wi-Fi providers aren't liable for what their users do online, why are social networks going to be fined €50 million for what their users do? It seems to me like the philosophies behind these ideas are at odds with one and other.

Now, if only U.S. copyright trolls would stop treating an IP address like a person.

Due to a legal concept known as ‘Störerhaftung’ (‘interferer liability’), a third party who played no intentional part in someone else’s infringements can be held responsible for them. This type of liability has raised its head in a number of file-sharing cases where WiFi owners have been considered liable for other people’s piracy.

 

[Domingo]

I learned about this first hand a few years ago. In nearly every country in Europe and North America, you'll see free Wi-Fi almost everywhere. Yet in Germany it's almost non-existent. There are networks you can join if you have an O2 or Vodafone login, but free WiFi (that isn't hidden) barely exists. There are occasionally hidden networks people will give you the ID for, but everyone is a little paranoid about giving those up. A friend that lives over there explained the liability thing to me. I look forward to not having to drop as much $ on international roaming next time I'm there!

 

[ruffbytes]

But what if someone uses a free WiFi to post offensive insults to Twitter?!?

 

[Chupachup]

But what if someone uses a free WiFi to post offensive insults to Twitter?!?

Oh, no! My local Mcd's could be sued into oblivion based on what you posit!

My question is, if Wi-Fi providers aren't liable for what their users do online, why are social networks going to be fined €50 million for what their users do? It seems to me like the philosophies behind these ideas are at odds with one and other.

Now, if only U.S. copyright trolls would stop treating an IP address like a person.

You're being to logical! It's Friday, join in the maligned whimsy that fuels these discrepancies and just roll with it! #PlayfulTrolling

Honestly though, your question involves some simple common sense being used by those in power and it appears to be at a severe deficit in certain corners

 

[lcpiper]

Oh, no! My local Mcd's could be sued into oblivion based on what you posit!



You're being to logical! It's Friday, join in the maligned whimsy that fuels these discrepancies and just roll with it! #PlayfulTrolling

Honestly though, your question involves some simple common sense being used by those in power and it appears to be at a severe deficit in certain corners

Not really. These are proposed laws, not final decisions.

And we all know that most democratic style governments have more than one party or faction, and each faction proposes laws they think their voters will back.

So why wouldn't you have a disconnect in philosophy regarding the who what where and when of law making?

 

[Dead Parrot]

If this passes and a German kid commits piracy using their parent's open WiFi point, do the parents have to turn the kid in?

 

[Peter2k]

It seems to me like the philosophies behind these ideas are at odds with one and other.

well it becomes easier to understand once you realise how decisions are made in the big leagues

 

[Uncle]

"Now, if only U.S. copyright trolls would stop treating an IP address like a person." They learned from the best, no difference than the Supreme Court saying that a Corporation is a person under certain circumstances.

 

[dgz]

well it becomes easier to understand once you realise how decisions are made in the big leagues

Funny, I always assume malice instead of ignorance.

I know someone who has paid the 600 euro extortion to the good anti piracy lawyers protecting starving corporations struggling to make a profit with every movie. I wonder how do they stay in business.