A pub has been fined £8,000 after a customer used their WiFi hotspot to download pirated content, in what the managing director of The Cloud believes is the first case in the UK.The pub has not been named, but is a customer of The Cloud and the incident happened this summer.
To say the law covering this area is a grey matter would be an understatement.
Should the Digital Economy Bill be passed, they would be exempt from any piracy measures and classified as a communications service provider, but even under current copyright law Lilian Edwards of Sheffield Law School believes that the pub would "not be responsible in theory" for unauthorised downloads by users.
The Cloud's own legal advisers said:
"Wi-Fi hotspots in public and enterprise environments providing access to the internet to members of the public, free or paid, are public communications services."Which all goes to make you wonder why it was the pub and not the user doing the downloads that was the subject of the lawsuit - under data retention laws normally providers are required to retain records of users as long as they're a big enough provider for the government to have told them to do so, and that might be the crux of the issue on this occasion.
















































