歐盟法院認為公開無線網路的營運者不需要對使用者的侵權行為負責

歐盟法院 (The Court of Justice of the European Union) 認為公開無線網路的營運者不需要對使用者的侵權行為負責:「EU Court: Open WiFi Operator Not Liable For Pirate Users」。

不過這是有一些前提的,法院認為應該要符合這幾個要件,營運方才不要負責。基本上完全沒有 filter 限制的無線網路會符合這些條件:

The Court further notes that in order for such ‘mere conduit’ services to be exempt from third party liability, three cumulative conditions must be met:

– The provider must not have initiated the transmission
– It must not have selected the recipient of the transmission
– It must neither have selected nor modified the information contained in the transmission.

帶這並不代表丟著不管,而是在發生後要求改善:

In an effort to strike a balance between protecting a service provider from third party liability and the rights of IP owners, the Court ruled that providers can be required to end infringement.

“[T]he directive does not preclude the copyright holder from seeking before a national authority or court to have such a service provider ordered to end, or prevent, any infringement of copyright committed by its customers,” the Court found.

One such measure could include the obtaining of an injunction which would force an operator to password-protect his open WiFi network in order to deter infringement.

但法院並不同意直接監控:

On a more positive note, the Court rejected the notion of monitoring networks for infringement or taking more aggressive actions where unnecessary.

“[T]he directive expressly rules out the adoption of a measure to monitor information transmitted via a given network. Similarly, a measure consisting in terminating the internet connection completely without considering the adoption of measures less restrictive of the connection provider’s freedom to conduct a business would not be capable of reconciling the abovementioned conflicting rights,” the Court concludes.

網路對現在的言論自由非常重要,所以只有在確認侵犯他人權益的情況下才採取必要措施,歐盟法院這樣判大概是覺得這樣吧...

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