[x-pubpol] Finnish Court: Open WiFi Owner Not Liable for File-Sharing Copyright Infringement

[Joly MacFie]

(Via  Marshall Eubanks)

http://www.turre.com/2012/05/finnish-court-open-wifi-owner-not-liable-for-file-sharing-copyright-infringement/

Finnish Court: Open WiFi Owner Not Liable for File-Sharing Copyright
Infringement
*Press Release 14.5.2012*

*Helsinki, Finland*

*Finnish Court: Open WiFi Owner Not Liable for File-Sharing Copyright
Infringement *

In a landmark ruling, a Finnish District Court (*Ylivieskan käräjäoikeus*)
has today clarified the legal status of WiFi owners for internet
file-sharing in the light of various pieces of EU legislation.

Finnish Anti-Piracy Centre, a coalition of entertainment industry
rights-holders, had sued a Finnish woman for copyright
infringement, demanding compensation of circa 6000 euros for internet
file-sharing conducted with the Direct Connect (DC++) protocol through her
internet connection.

This alleged copyright infringement had taken place in a specific 12-minute
period in July 14 2010, a date when a summer theater play with an audience
of around hundred people was held at the premises of the former school
owned and resided by the lady.

The applicants were unable to provide any evidence that the
connection-owner herself had been involved in the file-sharing. The court
thus examined whether the mere act of providing a WiFi connection not
protected with a password can be deemed to constitute a
copyright-infringing act.

Crucially, the applicants also sought an injunction to prevent the
defendant for committing any similar acts in the future. Had the injunction
been granted, the legal status of various open WiFi providers would have
turned out extremely difficult, as rights-owners would have been provided
with a powerful legal weapon to shut them down in cases of similar,
arguably insignificant infringements by incidental visitors and customers.

In practice, the court interpreted the Finnish legislation involving the
implementation of several directives in force throughout the EU (especially
the Directive 2000/31/EC on certain legal aspects of information
societyservices, the Copyright Directive 2001/29/EC and the Copyright
Enforcement Directive 2004/48/EC.)

Finally, the court concluded that the WiFi owner cannot be deemed liable
for the infringements actually committed by third parties.

If the applicants appeal, the case will be examined in the Vaasa Court of
Appeals. A preliminary reference to the European Court of Justice, settling
the issue once and for all throughout Europe, still remains a conceivable
option.

The defendant was represented in the district court by Turre Legal lawyers
Ville Oksanen and Lassi Jyrkkiö.

Additional Information:

Ville Oksanen
LL.M, PhD, Partner
Turre Legal Oy
ville.oksanen at turre.com
+358 40 5368583

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