The verdict of the Bundesgerichtshof of 12 May 2010 - I ZR 121/08 (summer of our lives) is of considerable importance for the so-called file-sharing cases. Individuals can then only for an injunction, but not be ordered to pay damages claim. The front is that she was not sufficiently secure WLAN access by unauthorized third parties used for copyright infringement on the Internet. This has among other things, responsible for copyright First Civil Division of the Federal Court decision. The applicant was the holder of the rights to the song "summer of our lives." The defendant was in the period in question, in which the title was downloaded, but to leave. The applicant sought the defendant's omission, damages and reimbursement of Abmahnkosten. The District Court has sentenced the defendant in the application. The appellate court dismissed the action.
The Federal Court of Appeal overturned the verdict, if the appellate court had dismissed the application with the application for an injunction and the request for payment of Abmahnkosten. After the high court the liability of the defendant as the perpetrator or participant is an infringement of copyright of the question. This must also consider private port owners, whether their wireless connection is protected by adequate safeguards against the risk of being abused as happened. The private operator of a wireless network, however, can not be expected, their network security can continually adapt the latest technology and spend it with adequate funding. Their audit requirement, therefore, relates to compliance with the time of installation of the router for the private sector arm's backups.
This duty was breached in the particular case because it had been left to the user at the factory default security settings of the wireless router and the password by not a personal, sufficiently long and secure password replaced. Such a password protection has been for private wireless users as early as 2006 and are reasonable. He was in the interest of all legitimate users, and was also connected with any additional costs.
The defendant shall be liable therefore under the legal principles of the so-called nuisance liability for injunctive relief and for reimbursement of Abmahnkosten (Important finding the way: under current, the dispute has not yet applicable laws fall far up to 100 €). This liability exists even after the first of its Wi-Fi Connection committed copyright infringement. In contrast, the defendant is not liable to pay damages.
any liability as a perpetrator of Copyright infringement, the court also denied because the defendant does not question the music on the Internet. A liability as an accomplice in the foreign copyright infringement would have required intent, where it was lacking in the dispute.
The ruling could lead the way, if not later, in cases of more files as if they were based on the present case, but the Abmahnkosten be re-calculated on the immense military value.
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