No duty to monitor internet use within the family

Owners of internet connections only have to monitor family members’ use of the connection if there are indications of a legal violation.

Archive notice: This article was originally published on January 14, 2008. Links and embedded videos are preserved as part of the historical record.

This was decided by the Frankfurt Higher Regional Court in a legal dispute between a music publisher and a father (case no.: 11 W 58/07). Media reports about frequent copyright infringements did not oblige the owner to carry out checks.

Three hundred music tracks had been distributed illegally from the computer of a six-person family. The father stated, however, that neither he nor another family member had committed the infringement. In the court’s view, the defendant could not be held responsible for the misuse of his internet access.