The new law is intended to protect WiFi hotspot operators, but there remains a risk of warnings
On July 27th, the “Second Act Amending the Telemedia Act” came into force. The aim of the change in the law is to abolish liability for interference, i.e. operators of open WLAN hotspots should not have to be liable for third-party copyright infringements.
Claims for damages due to the misconduct of third parties are therefore off the table. However, it remains unclear whether this should also apply to injunctive relief.
“Private individuals still run the risk of being warned,” explains Janine Hartmann from the Saxony Consumer Center.
Consumers shouldn't carelessly open their WLAN to everyone.
“Until the liability issues are clarified by the courts, it makes sense to continue to protect your own WLAN with a secure password so that neighbors or passers-by cannot also access your router,” advises the lawyer.
If a warning comes your way, those affected should not simply ignore the demands or comply with them without checking them.
“The demands are often excessive and the cease-and-desist declarations submitted by the warning lawyers are too extensive,” says Hartmann.
Consumers with questions and problems about copyright infringements can contact the Saxony Consumer Center.
You can make an appointment by calling 0341-696 29 29, Monday to Friday from 9 a.m. to 4 p.m., and inquire about the opening times and services of the advisory facilities. An overview of our advisory services can be found at www.verbraucherzentrale-sachsen.de .
Notes:
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