Fears over open wi-fi networks

Concerns have been raised about pubs operating open Wi-Fi networks after a licensee was reportedly fined £8,000 because a customer was downloading illegal material.

However, legal experts have said that under current law pubs should not be liable for people accessing copyrighted material using their hotspot.

Exact details of the civil case, which has thrown the matter into the spotlight, remain sketchy. However, the action is the first of its kind, according to managing director of hotspot provider The Cloud, Graham Cove, who revealed details of the fine.

The law around open Wi-Fi networks, which customers do not need a password to access, is a grey area.

But copyright lawyer Jo Gregory, of law firm Joelson Wilson, said: "Under present substantive copyright law, those who have open Wi-Fi spots should not be liable for users downloading unlawful material."

Meanwhile the issue of open Wi-Fi networks is included in the government's Digital Economy Bill - with some fearing that the legislation could kill off open networks.

Gregory added: "The Digital Economy Bill perhaps poses more questions than it answers - we will have to see how this operates in practice."

Lilian Edwards, an internet law professor at Sheffield Law School, echoed these comments, but warned that business should watch out for a slew of copyright warnings in future.

A spokesman for London-based pub operator Fuller's said it currently had Wi-Fi in "the vast majority" of its 160 managed pubs, but they were not open networks. "Offering Wi-Fi has not thrown up any issues we are aware of," he said. "Having it is an additional string to a businesses bow as we see more and more people wanting to access the internet in pubs."