Section 60a empowers a court to order an intermediary of those users to disclose information of subscribers who make copyrighted content available to the public "to a significant extent". Section 60b governs a suit to forbid continuing the infringement. Section 60c provides a possibility for an "injunction to discontinue" for intermediaries, essentially providing for website blocking or user disconnection orders in case the operator can be identified. In case of a preliminary injunction, the claimant is required to sue the infringer as per Section 60b. Section 60d provides for an interlocutory injunctions in situations like Section 60c. Section 60e provides for blocking injunctions in cases where the operator cannot be identified, for at most one year at at time. Section 60f provides inter alia that in a typical case...
The law combines most telecoms regulations in a consolidated code. It includes previous E-Commerce liability provisions without changes. The data retention legislation was maintained in place with some minor amendments. Intermediaries will need to comply with certain data protection requirements.
The Court held that, in case of infringiment committed through an open WLAN network, it was more likely that the infringment, which was carried out by making works available to the public with DirectConnect, was committed by the the Internet access subscriber, rather than by some unknown user through the open WLAN network.
The Court held that the provider of an open WLAN network was not shown to infringe and had no duty to protect the WLAN from outsiders. Therefore, the internet subscriber was not liable for infringement by some unknown user using the WLAN network. The fact that, at the same time the infringing activitiy took place, there was a public theater presentation in the internet subscriber's backyard may have been a factor taken into consideration by the court to conclude that someone else may have been the infringer.