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IRIS 2010-3:1/17 [DE] OVG Denies Obligation to Pay to Use Archive Material in Film Production

In a ruling of 17 December 2009, the Oberverwaltungsgericht Münster (Münster Higher Administrative Court - OVG) decided that the system of fees charged by the Landesarchiv (State archive - LA) of North Rhine-Westphalia (NRW) for the presentation of archive material in television programmes is illegal in its current form. The plaintiff in this case had asked the LA for permission to inspect certain archive material and a licence to film individual items in connection with the production of a historical documentary film. The LA granted the permission requested and, after the film had been completed,...

IRIS 2010-3:1/16 [DE] Court Considers Unauthorised Use of Open WLAN as Criminal Offence

According to media reports, the Amtsgericht Zeven (Zeven district court - AG) has issued a penalty order against the user of another person's unencrypted WLAN. In the court's view, the unauthorised use of the WLAN constitutes the offence of unauthorised tapping under Art. 148 in connection with Art. 89 of the Telekommunikationsgesetz (Telecommunications Act - TKG). Furthermore, the woman, by making contact with her former partner and his new girlfriend via the social network "StudiVZ", was found guilty of stalking under Art. 238 of the Strafgesetzbuch (Criminal Code - StGB) and of false accusation...

IRIS 2010-3:1/15 [DE] Munich Appeal Court Upholds Information Claim against Aegis Media

On 23 December 2009, the Oberlandesgericht München (Munich Appeal Court - OLG) upheld the company Danone's claim to information about the kick-back payments received by the media agency Aegis Media during the period of a contract between the two companies (case no. 7 U 3044/09). The plaintiff had been using Aegis Media as its media agency for many years. As such, Aegis Media essentially managed the company's TV advertising budget and bought advertising slots from broadcasters. Under the contract between the two parties, all economic benefits that were neither part of the advertising fee nor the...

IRIS 2010-3:1/14 [DE] Federal Administrative Court Rejects Competitors' Claim for Access to Telekom's Dark Fibre

On 28 January 2010, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) decided that Deutsche Telekom AG is not obliged to provide its competitors with access to its optical fibres between cable distributors and main distribution frames (MDFs). In the proceedings, Deutsche Telekom had appealed against a regulatory order issued by the Bundesnetzagentur (Federal Network Agency - BNetzA) on 27 June 2007. The order obliged the former monopolist to grant its competitors access not only (as before) to the 8,000 or so MDFs, but also to the cable ducts between the MDFs and the 300,000...

IRIS 2010-2:1/14 [DE] ARD and Producers' Alliance Agree Cooperation Guidelines

In December 2009, the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten Deutschlands (association of German public service broadcasters - ARD) and the Allianz Deutscher Produzenten Film & Fernsehen e. V. (alliance of German film and television producers) agreed a set of guidelines for cooperation in relation to commissioned television productions. One of the provisions of the agreement is that, as well as the standard model whereby commissioned productions are fully financed by the broadcaster, the model of co-financing by producers should be strengthened. Under the co-financing...