The Court ruled that parents are not liable under parental responsibility laws for damages caused by their children using file sharing devices, if parents duly fulfill their supervisory duties. The parents’ supervisory duties towards their children depend on the childrens’ stage of development, namely their age. Parents generally comply with their supervisory duties, if they point out the legal wrong of copy right infringements on the Internet. The instructions have to take into account the child’s age and capacity of discernment. It is sufficient to instruct a normally developed 13-year-old child that generally obeys rules set by her parents that file sharing is illegal and therefore forbidden. Parents are generally not obliged to implement any technical measures to prevent children from infringing. Furthermore, parents have no obligation to check their childrens' computer regularly or constantly supervise their children. However, such obligation might arise, if there is reasonable suspicion that children are using their Internet access for infringements.
Topic, claim, or defense
Highest Domestic/National (including State) Court
Type of service provider
Type of law