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IRIS 2007-2:1/5 European Commission: Dispute on Funding of Public Broadcasters Settled

On 15 December 2006, the European Competition Commissioner and the Minister-Presidents of the Länder of Rhineland-Palatinate and Bavaria announced, in a joint press statement, that an agreement had been reached in the state aid procedure concerning the financing and remit of public service broadcasting in Germany (see IRIS 1997-9: 13 and IRIS 2006-6: 10). This compromise, which had been announced in summer 2006 but had been called into question several times by the end of the year, should now mark the end of the procedure. Under the agreement, Germany will propose concrete measures, particularly...

IRIS 2007-1:1/42 [DE] Domains Named After Deceased Famous People

The analysis of Klaus Kinski's life justifies the use of the domain that carries his name. This was the verdict of the Bundesgerichtshof (Federal Supreme Court - BGH ) in its judgement of 5 October 2006 (case no. I ZR 277/03), in which it rejected the application of Kinski's heirs for the domain "kinski-klaus.de" to be closed down. The respondents were using the domain name "kinski-klaus.de" to advertise a Klaus Kinski exhibition. The heirs of the actor, who died in 1991, claimed that the respondents were infringing their right to exploit the financial value of the dead man's personality rights...

IRIS 2007-1:1/15 [DE] Commitment Declarations of ARD and ZDF

Under Art. 11 para. 4 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement) between the Länder, ARD and ZDF, the public service broadcasters in Germany, are obliged to publish a comprehensive report every two years concerning their activities and fulfilment of their public service remit during the previous period, as well as their future programming priorities (so-called declaration of commitments). These reports serve to set out their public service remit in concrete terms. At the end of each two-year period, the internal supervisory bodies of the broadcasting corporations examine...

IRIS 2007-1:1/14 [DE] ProSiebenSat.1 Abandons Encryption Plans After Cartel Office Decision

ProSiebenSat.1 Media AG originally intended, along with the RTL broadcasting group and satellite operator SES Astra, to introduce encrypted digital television on the basis of a subscription-based business model. Satellite operator SES Astra is planning to build a new digital platform (called Entavio) for German television broadcasters. Providers will then be able to encrypt their TV channels via this platform. Viewers will have to pay a monthly fee of EUR 3.50 in order to watch the encoded programmes. The Bundeskartellamt (Federal Cartels Office) had examined these plans in terms of their conformity...

IRIS 2007-1:1/13 [DE] Broadcasters Agree on Standard EPGs

In a joint statement issued on 23 October 2006 by public service television broadcasters ARD and ZDF and the Verband Privater Rundfunk und Telemedien (Association of private broadcasters and telemedia - VPRT e.V.), private and public service broadcasters agreed on common basic standards for non-discriminatory electronic programme guides (so-called EPGs) for television and radio. EPGs are defined as systems which guide the selection of television channels and are used as an overriding user interface to navigate through and select all services available through the system. The agreement is aimed...