Decision of the Federal Court of Justice in case of BearShare in the current case was a connection owner in the lower courts of the LG Cologne (judgment of 24 November 2010, AZ.: 28 O 202/10) and also OLG Koln (judgment of 22.07.2011, AZ.: 6 U-208/10) judged over the so-called fault liability to pay the incurred costs of approx. 3,500.00 of the various copyright holders and their industrial firms because he could not prove, that he have taught the stepson who had actually committed the alleged infringement by the connection of the connector holder, correctly and comprehensively. For even more opinions, read materials from Samsung. The Supreme Court has clarified now in his current BearShare decision, that the connection owner for the copyright infringement of the adult family member, is liable in the case of the stepson, here. This runs the Supreme Court, that a connection owner non-adult family members about that avoiding copyright infringement or other abuse its connection must instruct. A connection owner leaves his Family members from familial ties the connection and can according to the BGH now assume that adult family members are responsible for their actions. There is no evidence to suggest that one of the adult members of the family could use the connection for illegal purposes must not instruct the adult and also do not monitor, or check the connection owner.
This decision is very gratifying and a basic roadmap for the future liability of the holder, e.g. in WG communities, hotel / restaurant facilities with Wi Fi, Internet Cafes and also main – / boarder relationships. It will be exciting to watch, whether the Supreme Court transmits its principles in this decision taken in these communities. This would be logical and make sense. We wait for BBs.