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Abstract:
Can a merchant who in the course of doing business offers customers free and open access to a Wi-Fi network, be held liable for copyright infringements committed by a customer through that Wi-Fi network? Can a merchant be subject to an injunction that requires that WiFi network to be accessed with a password or to exercise control over the content transmitted through it? In this article, Barbara Sartori and Letizia Tomada of CBA Studio Legale e Tributario explore these questions, which were recently answered by the Court of Justice of the European Union (‘CJEU’) on 15 September 2016, following the opinion delivered on 16 March 2016 by Advocate General Szpunar, in case C-484/14 Tobias McFadden v. Sony Music Entertainment Germany GmbH.
