Those traveling to Germany are often surprised to discover the lack of open Wi-Fi networks. This is because German law (Störerhaftung - "responsibility of duty") places the responsibility on public hotspots operators for what their network users do online, especially if their actions are against the law, even if businesses they do not know it. 
The law does not apply to commercial enterprises, but to private individuals (think of WI-Fi in your home) and small businesses (eg wireless networks from public buildings such as cafes, shops, etc.).
But something changed. The change was prompted by the recent opinion of Mr. Maciej Szpunar, who is the Advocate General of the Court of Justice of the European Communities or European Court of Justice (ECJ), and states that "the operator of a shop, hotel or bar that offers a free network Wi-Fi to the public, is not responsible for copyright infringements committed by users of the network.”
"While an injunction may be issued against that entity to compel it to stop the infringement, it cannot be required to terminate or block connections on the Internet or the investigation of all communications transmitted through it", he added.
The announcement was made on the occasion of a member of the German Pirates Party, Tobias McFadden, operating a business near Munich which offers free Wi-Fi to the public.
Mr. Tobias McFadden was sued by Sony when one of the users of the free wireless network tried to download music of Sony.
The German parliament has already debated "responsibility of duty", and Germany's largest coalition (the Christian Democrats (CDU)) and the Social Democratic Party (SPD) have agreed on amendments to remove "piracy" for perpetrators. operating open Wi-Fi networks.
According to Spiegel online, the amendments are expected to go through the German parliament next week, and could be implemented as early as this autumn.
