The owner of an internet connection does not always have to change the preset router password

Higher Regional Court of Hamburg – Ruling from the 29. September 2015 - 310 S 3/15

The German Federal Court has upheld the judgment of the Higher Regional Court of Hamburg that the owner of an internet connection is not liable for illegal file sharing through his connection if he does not change the manufacturer's default password and the password was individualized.

The defendant had proved that she had not shared the film. She is also not liable as the owner of the connection because she did not violate any inspection obligations. The retention of a preset WLAN password can constitute a breach of obligations. But only, if it was not a password used individually for each device but for a number of devices. In the case concerned, the applicant did not prove that the password had been given to a large number of devices by the manufacturer.

"The fact that in the present case the factory-assigned password was not sufficiently secure cannot justify an interference liability of the defendant. The security gaps due to faults in the generation by the creator, only became known in March 2014 and thus long after this respective infringement. "

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