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At their annual conference in October 2004 the prime ministers of the different German Länder "took note" of their approval of the draft 8th Amendment to the Inter-State Broadcasting Agreement, subject to certain conditions. The key point was the decision concerning the level of the broadcasting licence for the coming licence period. The heads of the Länder governments are of the opinion that a smaller increase in the licence than the one called for by the KEF, the Commission set up to identify the financing needs of the public broadcasting companies, will have to suffice, in view of the clearly...

Hamburg Landgericht (Regional Court) has ruled that an author who believed his copyright had been infringed has a right to information from an Internet provider under Art. 101a of the Copyright Act. The applicant, a firm operating in the sound recording industry, claimed that sound recordings were unlawfully available for downloading from the server of the respondent, an Internet provider. The applicant requested information about the particulars of one of the respondent's customers who manages this FTP server and supplies the storage and computer capacity needed for the content. The FTP server...

In a decision of 14 October 2004, the Bundesverfassungsgericht (Federal Constitutional Court) declared that judgments handed down by the European Court of Human Rights are not always binding on German courts. The Bundesverfassungsgericht referred the case back to the Oberlandesgericht (Court of Appeal), which, it ruled, was not bound by the earlier judgment by the ECHR. International agreements were incorporated into German law by formal enactment of legislation and had the status of a federal law. German courts should therefore observe and apply the European Convention on Human Rights (ECHR)...

In its judgment of 14 October 2004 in the case of Omega GmbH v. Bundesstadt Bonn, the Court of Justice of the European Communities answered the questions referred to it for a preliminary ruling by the Bundesverwaltungsgericht (Federal Administrative Court). The main proceedings concern the question whether the service provided by Omega Spielhallen- und Automatenaufstellungs GmbH could be prohibited on the grounds that it violated human dignity (for a detailed description of the "Laserdrome" installation, see IRIS 2004-6: 3). The Bundesverwaltungsgericht raised the question in light of the fact...

The Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Authority for programming, advertising and media) of the Direktorenkonferenz der Landesmedienanstalten (Conference of Land Media Authority Directors DLM) has approved a set of guidelines for TV competitions. The guidelines, proposed by the Landesanstalt für Kommunikation Baden-Württemberg (Baden-Württemberg Communications Office - LFK) and the Bayerische Landeszentrale für neue Medien (Bavarian New Media Office - BLM), are meant to facilitate common, practicable regulation of TV competitions. The document recommends that TV broadcasters...