Is this ruling by the BGH the end of the WiFi provider's liability?
In Germany, an amendment to the Telemedia Act has now also explicitly excluded the right to injunctive relief against the service provider in the event of infringements by third parties via his connection. On the basis of the new legal situation, the court dismissed an action for an injunction by an infringed copyright holder. Instead of the injunctive relief, the German legislator has now provided for a blocking ruling against the access provider. The new legal regime in Germany will de facto lead to a situation where WiFi providers no longer have to pay the pre-litigation costs, which will also stop the flood of warning letters by lawyers in Germany in the event of such infringements.
This decision has no significant influence on the Austrian legal situation. In the SVLAW blog article (available in German only) Dr. Arthur Stadler and Max Königseder, LL.B. explain why!
