Article corrected on 22.05.2010

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Deutsch: Deutscher Bundesgerichtshof: Geldstrafe für Besitzer von ungesicherte...

The Federal Supreme Court in Germany (Bundesgerichtshof (BGH)) has ruled in a case where an illegal download took place via an low-protected wireless Internet Access point, that the owner of the which should have secure it with a stronger password.

In this case, it was an intellectual property related issue with a musician asking for damages because a piece of music was illegally downloaded and later on made available via a file-sharing network.

But the owner of the WiFi network could prove that he was away on holiday and someone else used his wireless network, that was protected only by the password that was installed in the production.

BGH indicated that, in this case, he should have switched off or sufficiently protect the network. Since this did not happen, he was awarded a fine for negligence and the fine was set to a maximum of 100 Euros. (that is a default in cases of non-business activities) This ruling makes now clear that damages cannot be claimed in Germany from a WiFi owner.

A similar case in Denmark in 2008 had a contrary decision. In that situation the women who allegedly infringed Intellectual property rights was the owner of an open wireless connection. She was not found guilty though because it was not clear if she was the person actually responsible for the infringement, or any other member of the family or a guest that used the open WiFi.

In UK, Professor Lilian Edwards of Sheffield University warned that according to the recent Digital Economy Bill, users might be responsible for other people's use of their networks to infringe copyright.

German court fines man who failed to secure his Wi-Fi network
http://www.out-law.com/page-11023

BGH restricts consequences of disturber liability for wireless operators (12.05.2010)
http://www.heise.de/newsticker/meldung/BGH-schraenkt-Folgen-der-Stoere...

Danish WiFi Case - 2008 (only in Danish 5.09.2008)
http://www.itpol.dk/files/AabenTraadlosDom_0.pdf