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German court clears WiFi theft victims of responsibility for copyright infringment of others

10 July 2008 9:37 by Rich "vurbal" Fiscus | 19 comments

German court clears WiFi theft victims of responsibility for copyright infringment of others According to a decision by the Frankfurt Court of Appeal the victims of WiFi theft can't be held responsible for the thieves' copyright infringement. The same court that previously ruled parents can't be held responsible for the flle sharing activities of their children overturned a lower court's decision, and potentially dealt a blow to the campaign being waged by a UK lawfirm against several hundred people for alleged copyright infringement.

Lawyers at Davenport Lyons have been sending out letters to alleged UK file sharers pointing out the German court ruling making individuals whose WiFi connection is used by others without authorization responsible for any infringement. They went on to point out that it was likely that decision would be echoed by UK courts. Don't expect to see a similar claim about this new decision.

With the possible implications of the ruling don't be surprised to see yet another round of arguments before things are decided for sure. Christian Solmecke, a lawyer currently defending around 500 file-sharers said “The future will show us what the highest court in Germany - the Bundesgerichtshof - says to this difficult question.”

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    c1c (Member) 10 July 2008 11:47 Send private message to this user   
    I've always wondered about this. I guess you b etter make sure you have your wifi password protected. Then again your neighbor can hack it, download illegal stuff, then you get busted.
    nobrains2 (Newbie) 10 July 2008 12:27 Send private message to this user   
    What are the implications using the FON network, what you do is share a portion of your bandwidth so everyone can enjoy FREE wi-fi.

    http://www.fon.com/en/

    Quote:
    FON is the largest WiFi community in the world. FON is a Community of people making WiFi universal and free. Our vision is WiFi everywhere made possible by the members of the Community, Foneros. We share some of our home Internet connection and get free access to the Community’s FON Spots worldwide!
    varnull (AfterDawn Addict) 10 July 2008 12:35 Send private message to this user   
    Common sense prevails in Germany at least.

    To accuse somebody of piracy when they have been the victims of theft is stupid and immoral.. It's like holding me responsible for an armed robbery in which my car which had been stolen was used as the getaway vehicle.

    Davenport Lyons are surely using threatening and intimidating behaviour with these letters. There is no such UK ruling that somebody who is the victim of the illegal activities of others is liable.. never has been and probably never will. I think it is time to bring their activities to a wider audience. The law lords would probably have an opinion on this threatening behaviour.. They are using threats of malicious legal action probably in some attempt to establish a framework to extort money from the said victims.

    Here we go peeps.. Stealing wifi is the way to download whatever you want with impunity ;) Welcome to the darknet XD

    This message has been edited since posting. Last time this message was edited on 10 July 2008 12:42

    7thsinger (AfterDawn Addict) 10 July 2008 12:45 Send private message to this user   
    At least it makes sense not to attempt and implicate those who've been pilfered.

    ZippyDSM (AfterDawn Addict) 10 July 2008 13:13 Send private message to this user   
    So what if someone has 2 wfi fi sets one open and one to leech from it, can they figure out where all that data is going?
    ddp (Moderator) 10 July 2008 13:40 Send private message to this user   
    nobrains2 aka nobrainer, remember no flamewars.
    ZippyDSM (AfterDawn Addict) 10 July 2008 13:47 Send private message to this user   
    Originally posted by ddp:
    nobrains2 aka nobrainer, remember no flamewars.

    temp ban was temp I see :P
    (sorry zippy being a bad kitty ><)

    nobrains2
    is it avablie in Germany?

    I would think that the network acts like a normal ISP setup so you are only accountable for your own bandwidth and because its all mixed they should not be able to tell whats what unless they can scan where ever bit of bandwith is going. 0-o
    nobrains2 (Newbie) 10 July 2008 14:20 Send private message to this user   
    Originally posted by zippy:

    nobrains2
    is it avablie in Germany?

    I would think that the network acts like a normal ISP setup so you are only accountable for your own bandwidth and because its all mixed they should not be able to tell whats what unless they can scan where ever bit of bandwith is going. 0-o
    as far as i'm aware if you agree to share your bandwidth you can connect anywhere in the world to any FON free wireless point, you just need their router on your connection that sections a portion of bandwidth off for other fon users to be able to use the service.

    i'm certain they have a map of connections around the globe via their website.

    This message has been edited since posting. Last time this message was edited on 10 July 2008 14:25

    JRude (Junior Member) 10 July 2008 15:26 Send private message to this user   
    As far as I'm concerned the only flamewars have been from some newbies and fanboys, including some mods, jumping no brainer's case. It is disgusting to see such behavior in a tech site! As I expect to be nuked for this post, I can continue to get my tech news from arstechnica, CNet, ZDnet, PCWorld, NYT Tech and computerworld without the insane actions of the pack. Grow up.
    ZippyDSM (AfterDawn Addict) 10 July 2008 15:31 Send private message to this user   
    Originally posted by JRude:
    As far as I'm concerned the only flamewars have been from some newbies and fanboys, including some mods, jumping no brainer's case. It is disgusting to see such behavior in a tech site! As I expect to be nuked for this post, I can continue to get my tech news from arstechnica, CNet, ZDnet, PCWorld, NYT Tech and computerworld without the insane actions of the pack. Grow up.
    CNet/ZDnet.... eewwww :P

    I'll agree but at he same time members need to remember than they also have to moderate them selfs and not always try and push things so far.

    I'l support Nobrwains as much as anyone else but sometimes he dose take it to the next level, and props to the staff for letting him come back as a newb! ^^
    Dela (Staff Member) 10 July 2008 15:32 Send private message to this user   
    Only relevant news comments here please...
    johnflash (Newbie) 10 July 2008 16:16 Send private message to this user   
    Quote:

    I'll agree but at he same time members need to remember than they also have to moderate them selfs and not always try and push things so far.

    I'l support Nobrwains as much as anyone else but sometimes he dose take it to the next level, and props to the staff for letting him come back as a newb! ^^
    Yea, you're right. Let's just let it be, everybody get off nobrainer's case, give him a chance to redeem his renounced Newbie status and leave him alone.
    ZippyDSM (AfterDawn Addict) 10 July 2008 16:18 Send private message to this user   
    So how easy dose this make it for a person with open wifi to get way from the MP3 police?
    bdoggie08 (Junior Member) 10 July 2008 16:24 Send private message to this user   
    Easily. I do it, how can they track? They use the IP addy.
    varnull (AfterDawn Addict) 10 July 2008 16:31 Send private message to this user   
    If you look closely at the BT Homehubs you will find that when you are not using them.. PC off etc then they can be used as an open access wifi point by persons unknown. This may be something to do with the shady bbc p2p plans for their Iplayer technology. I need to look more at that, and have sourced a homehub on the cheap to investigate.

    http://www.thinkbroadband.com/news/3221-...-community.html

    edit::: link added



    Free open source software = made by end users who want an application to work. Get off my beach before I burn down your village!

    This message has been edited since posting. Last time this message was edited on 10 July 2008 17:44

    bdoggie08 (Junior Member) 10 July 2008 17:52 Send private message to this user   
    ^Good work
    susieqbbb (Member) 11 July 2008 5:29 Send private message to this user   
    Now i agree the wifi connection should be secured with a wep encryption.

    That isn't the problem though.

    If you have a video game console that doesn't support your wep settings for instant the nintendo wii here in the u.s.a only supports 32bit and 64 bit encryption it doesn't support however 128 bit encryption.

    Which sucks..

    Because all three have been hacked using applications that crack wireless signals so even if you protect yourself and your consoles you are still a target of direct hacking.
    Craftybox (Newbie) 11 July 2008 12:48 Send private message to this user   
    Just like to say no one should be using WEP .. they should be on WPA.
    WEP is out dated.
    varnull (AfterDawn Addict) 11 July 2008 12:54 Send private message to this user   
    WPA-PSK can be broken too. It just takes the right tools and enough time and patience (plus a list of router default keys which can be had very easily) I use cracked wifi secured with it from sources unknown for all my p2p activities here.

    Strangely running a sniffer against a detected network (and here is where windows security falls flat on it's arse) will expose the packets from the router to the other machines on the network.. if you are lucky enough to catch the handshake packets it's easy to compare the encrypted data against a table of possible keys, then brute force a connection by masquerading as the machine you have detected.. it's mac number is contained in the 2 way handshake headers, which are often running default keys or not encrypted at all... Is that telling too much?



    Free open source software = made by end users who want an application to work. Get off my beach before I burn down your village!

    This message has been edited since posting. Last time this message was edited on 11 July 2008 12:59

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