Reports have surfaced this week that a pub owner in the UK has been ordered to pay £8,000 to a copyright owner as a customer used the pub’s Wi-fi connection to illegally download a copyrighted work.

 

Graham Cove, Managing Director of The Cloud, who provided the Wi-fi hotspot to the pub, told ZDNet UK that the case is the first of its kind. These cases are only likely to increase as the proposed Digital Economy bill is set to be introduced, where if an internet connection is found to be making copyrighted material available, the account holder will be liable for the infringement.

 

This is in direct line with the five point plan from ACS Law, who have called on the government to go further to protect the rights of copyright holders, who are finding their industries ebbing away from their control. ACS Law called for strict liability to be enforced against internet account holders, who have failed to securely protect their internet connections. 

  

Although previously the law relating to this area was seen to be various shades of grey, this latest judgment shows that we are edging closer to a black and white contrast, to the inevitable dismay of internet pirates in the UK. Those who operate an open wireless network should be aware that at present only registered Service Providers, as defined within Electronic Commerce (EC Directive) Regulations 2002, are entitled to immunity from these types of legal proceedings. Those operating wireless networks for public use should implement a secure login authentication system and block the use of peer to peer software to minimise the risk of liability. 

 

This result is excellent news for copyright owners wishing to enforce their rights on file sharing networks - those who consider themselves 'innocent' may not be so innocent after all. The illegal distribution of a copyrighted work is outright theft and should not be tolerated by the creative industries, even if it is not for commercial gain. The courts are evidently looking favourably on these types of cases and are sympathetic to copyright holders.  Those wishing to join our forever growing list of clients should get in touch without further delay.