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So you can offer free internet access at your business in order to attract customers (e.g. Starbucks or McDonalds); The Court holds, first of all, that makin
by zaroth 10y ago
So you can offer free internet access at your business in order to attract customers (e.g. Starbucks or McDonalds);
The Court holds, first of all, that making a
Wi-Fi network available to the general public
free of charge in order to draw the attention
of potential customers to the goods and
services of a shop constitutes an ‘information
society service’ under the directive on
[electronic commerce],” the decision reads.
However copyright holders can still obtain an injunction forcing the provider to institute some measure of access control which must collect the identities of end-users to provide a deterrent. TFA does not mention any requirements on retention or access to this tracking data.
"The Court nevertheless underlines that, in
order to ensure that deterrent effect, it is
necessary to require users to reveal their
identity to be prevented from acting
anonymously before obtaining the required
password,” the ruling adds.
So in essence they want to treat open WiFi APs as a type of mini-ISP. I'd say this is extremely problematic.
If you have to disclose your identity in order to use free WiFi it pretty much kills free WiFi. The court seemed to understand that terminating the service was not an appropriate remedy, but then proceeded to shoot it in the back.
- k-mcgrady 10y ago> If you have to disclose your identity in order to use free WiFi it pretty much kills free WiFi. Don't you already have to do this with most free wifi? A lot seem to offer a free 30 mins but more than that are you have to create an account.
- jtl999 10y agoStarbucks in Canada: I just accept an agreement and it works. No login needed.
- iLoch 10y agoBut that's because they can already track your identity by correlating purchases and wifi accesses.
- icebraining 10y agoIf you pay with cash, how are they tracking your identity?
- noiv 10y agoSure, copyright infringement proven by latte macchiato.
- extra88 10y agoA) No. B) VPN
- vog 10y agoAlmost every café in Berlin that has wifi: Ask for the wiki password at the bar, or find it next to the menu card, or at some wall. The only problem is that many cafés / bars don't provide wifi, because they are afraid of providing wifi at all due to the "Störerhaftung" (a legal issue that exists almost nowhere except in Germany). Luckily, there's Freifunk and VPNs to the rescue.
- CJefferson 10y agoI don't understand why this kills free wi-fi. I use free wi-fi all the time that wants my name and email address.
- growse 10y agoTo what extent must the provider verify that the identity provided is accurate? If 'disclosing identity' actually means 'typing text into a form', then it's pretty toothless. As an end-user, I could put whatever 'identity' I wanted there.
- eternalban 10y agoPoint of Sale + cashless society = problem solved.
- luispedrocoelho 10y agoI think it means "provide government-issued photo ID to get a password which can be traced back to you". The context is if someone using the cafe's internet infringes on copyright, the copyright holder needs to find whom to sue. That is not possible in a "type a random email address" mode.
- raverbashing 10y agoA lot of places in France (like SBucks) ask for email/and password. In Austria it is even worse Or you can also not allow torrent/etc through your Wifi service
- cryptarch 10y agoDoes this decision mean it's now required to have a captive portal on my open hotspot at home, or does this decision only pertain to commercial enterprises? It sounds like the latter, but the idea that I might soon be required to set up a "Sign in to Facebook to use cryptarch's free Wi-Fi" portal is pretty frightening. (Because, of course, just any identifier won't do!)