Techbytes blogpost on the Advocate General's opinion in McFadden on whether the mere conduit defence in the E-Commerce Directive can be applied to free non-password protected WIFI connections.
Advocate General Szpunar has this week provided an opinion in McFadden (C-484/14) confirming that a business offering a free non-password protected WIFI network cannot be liable for its users' infringements. Such an offering falls within the mere conduit safe harbour in Article 12 of the E-Commerce Directive even though the offering does not promote itself as a service provider.
Please read a post on our sister blog, Techbytes, for further discussion on this opinion.