EU Court: Open WiFi Operator Not Liable for Pirate Users
So you can offer free internet access at your business in order to attract customers (e.g. Starbucks or McDonalds);  The Court holds, first of all, that making a
  Wi-Fi network available to the general public
  free of charge in order to draw the attention
  of potential customers to the goods and
  services of a shop constitutes an ‘information
  society service’ under the directive on
  [electronic commerce],” the decision reads.

However copyright holders can still obtain an injunction forcing the provider to institute some measure of access control which must collect the identities of end-users to provide a deterrent. TFA does not mention any requirements on retention or access to this tracking data.  "The Court nevertheless underlines that, in 
  order to ensure that deterrent effect, it is 
  necessary to require users to reveal their 
  identity to be prevented from acting
  anonymously before obtaining the required 
  password,” the ruling adds.

So in essence they want to treat open WiFi APs as a type of mini-ISP. I'd say this is extremely problematic.If you have to disclose your identity in order to use free WiFi it pretty much kills free WiFi. The court seemed to understand that terminating the service was not an appropriate remedy, but then proceeded to shoot it in the back.