There’s a case here that would potentially wipe out open wireless and mesh networks in Europe, along with all the benefits they could bring, because rights-holders.
Open Wireless Advocates to European Court: Don’t Make Us Lock Down Our Networks
The application of this legal framework to open wireless networks has
come under challenge in the McFadden reference (C-484/14) concerning a
German shopkeeper whose free open wireless network was allegedly used to
infringe copyright. In the preliminary reference to the Court of
Justice of the European Union, the Europe’s highest court is asked
whether an enforcement practice requiring open wireless networks to be
locked is an acceptable one. Germany’s Federal Supreme Court in 2010
held that the private operator of a wireless network is obliged to use
password protection in order to prevent abuse by third parties. If the
CJEU affirms this finding, the effect could be to extend this bad
precedent throughout Europe, grounding the open wireless movement across
the continent. If on the other hand it rejects that finding, German law
could be forced to return to sanity, allowing thousands of hotspot
operators to open up their networks again.
The main question point in the case turns on whether locking of open
wireless networks would be a proportionate enforcement mechanism that
advances the public interest. The open letter, co-written with Martin Husovec,
Affiliate Scholar at Stanford Law School’s Center for Internet &
Society (CIS), points out that prohibiting open wireless networks
creates a serious obstacle to legitimate trade, that cannot be justified
by the limited potential benefits of locked-down networks to
rightsholders. The letter highlights exact instances of social benefits
that will be lost if locking of open wireless networks becomes a
standard. Holding wireless network operators anyhow accountable for
content that passes over their networks thus should be against European
law.