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IRIS 2009-7:1/14 [DE] Court Confirms Licence Fee Obligation for Work PCs with Internet Access

In a ruling of 12 March 2009 (case no. 7 A 10959/08.OVG), the Oberverwaltungsgericht Rheinland-Pfalz (Higher Administrative Court of Rhineland-Palatinate - OVG) dismissed the complaint of a lawyer, who had appealed against decisions taken by Südwestrundfunk (SWR) that he should pay a licence fee for a PC with Internet access that he used for his work. In the previous instance, the Verwaltungsgericht Koblenz (Koblenz Administrative Court - VG) had ruled in favour of the lawyer on 15 July 2008 and overturned SWR's decisions to impose the monthly licence fees on the grounds that the abstract notion...

IRIS 2009-7:1/13 [DE] Court Bans EPGs from Using Programme Information

In May, in the dispute over the use of programme information in electronic programme guides (EPGs) on the Internet, the Landgericht Leipzig (Leipzig District Court - LG) ruled in favour of the plaintiff, the collecting society VG Media (case no. 5 O 2742/08). According to this decision, the information may only be used if a licence fee has been paid to the relevant rightsholders (see IRIS 2008-4: 12). The defendant company, tvtv, operates a website under the domain name tvtv.de, which contains information about television programmes. It uses additional information, such as content descriptions...

IRIS 2009-7:1/12 [DE] Kurdish TV Broadcaster's Urgent Applications against Home Affairs Ministry Ban Granted

The Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) has reinstated the delaying effect of two legal challenges in an accelerated procedure (case nos. 6 VR 3.08 and 6 VR 4.08). The challenges were lodged by two public limited companies under Danish law, which operate the Kurdish-language television station Roj TV under a Danish licence. The channel can be received all over Europe via satellite. The Bundesministerium des Inneren (Federal Ministry of Home Affairs - BMI) had assumed that the television channel was a propagandist mouthpiece of the Kurdish Workers' Party (PKK), which...

IRIS 2009-7:1/11 [DE] Internet Transmission of Sexual Acts via Webcam Constitutes Abuse

The Bundesgerichtshof (Federal Supreme Court - BGH) has dismissed as unfounded the defendant's appeal against the ruling of the Landgericht München I (Munich District Court I - LG) of 15 December 2008 (case no. 12 Kls 468 Js 310758/07) concerning five concurrent cases of sexual abuse of children and the distribution of pornographic material via teleservices. The defendant, who had several previous convictions for sexual offences, had made contact with five children from Belgium via the Internet. During their conversations, live images of the defendant and the children had been transmitted using...

IRIS 2009-7:1/10 [DE] Film about "Cannibal of Rotenburg" Can Be Screened

In a ruling issued on 26 May 2009 (case no. VI ZR 191/08), the Bundesgerichtshof (Federal Supreme Court - BGH), overruling the two previous decisions of the Landgericht Kassel (Kassel District Court - LG) and the Oberlandesgericht Frankfurt (Frankfurt Appeal Court - OLG), decided that the cinema film about the so-called "Cannibal of Rotenburg" could be shown. The film portrays the life story of the plaintiff, known as the "Cannibal of Rotenburg", who was sentenced to life imprisonment for murder and disturbing the peace of the dead after killing a man in March 2001, removing the bones from his...