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In early July, the LandgerichtDuisburg (Duisburg district court - LG) reinstated a temporary injunction, under which the erotic broadcaster Beate-Uhse.tv was provisionally prohibited from transmitting its programmes via the pay-TV broadcaster Sky before 11 p.m. According to media reports, however, the OberlandesgerichtDüsseldorf (Düsseldorf court of appeal - OLG) lifted this injunction on 21 July 2010. The programmes may now again be shown from 8 p.m. onwards. The case follows a complaint from a company that itself operates an encrypted online pornography service and believed that the Sky service,...

On 24 June 2010, the European Commission issued a set of reasoned opinions to 12 member states (Austria, Cyprus, Estonia, Greece, Finland, Hungary, Lithuania, Luxemburg, Latvia, Poland, Portugal, and Slovenia) requesting that they proceed with updating their national broadcasting legislation in order to bring it into compliance with the Audiovisual Media Service (AVMS) Directive. The Directive, which replaced the Television without Frontiers Directive of 1989 (as amended), was adopted in December 1997 with the intention of bringing the EU’s broadcasting rules up to speed with the digital age. The...

On 6 May 2010, the Beauftragte der Bundesregierung für Kultur und Medien (Federal Government Commissioner for Culture and the Media - BKM) presented a model for the financial support of full cinema digitisation, developed in partnership with the Filmförderungsanstalt (Film Support Office - FFA). The aim of the project is to protect the diversity of the cinema landscape and provide a basic cultural service. To this end, cinema operators who cannot afford to switch to digital projection technologies themselves will receive financial support. These particularly include art house cinemas, municipally-owned...

On 27 April 2010, the Verwaltungsgericht Berlin (Berlin Administrative Court - VG) ruled on the decisive criteria for defining "structural improvement" in the sense of Art. 56 para. 1 no. 1 of the Filmförderungsgesetz 2004 (2004 Film Support Act - FFG 2004) and the date on which such criteria should be applied. In the underlying case, the plaintiffs had applied to the Filmförderungsanstalt (Film Support Office - FFA) in 2006 for financial assistance with the construction of a multiplex cinema with 10 screens and 1,200 seats. The FFA refused the application, most recently in a decision taken on...

On 27 April 2010, the Oberlandesgericht Düsseldorf (Düsseldorf Regional Appeal Court - OLG) ruled that file-hosting site "Rapidshare" was not liable for copyright infringements committed by third parties using its service. In the OLG's view, Rapidshare was not responsible, either as perpetrator or participant, for copyright infringements committed by users. Rapidshare made storage space available for the uploading of files and offered access to stored data by providing a download link. The site operator itself did not publish any content, so it could not be guilty of infringing copyright. As long...