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IRIS 2002-5:1/16 [DE] Ruling on Geographical Division of Satellite Broadcasting Rights

In a recently published ruling, the Landgericht Stuttgart (Stuttgart District Court - LG Stuttgart) decided that Europe-wide satellite broadcasting of a film, whereby exploitation rights were transferred without time restrictions but were limited geographically to German-speaking areas, was not subject to the regulations set out in Council Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, provided the film was broadcast before the Directive was transposed into German law....

IRIS 2002-4:1/27 [DE] Patent Office in Legal Dispute with Presse-Monitor Deutschland GmbH & Co. KG

On 4 March 2002, the Deutsche Patent- und Markenamt (German Patent and Trade Mark Office - DPMA) issued an order against the Presse-Monitor-Gesellschaft (press monitoring company - PMG), instructing it to cease its business operations with immediate effect. PMG is run by the Verband Deutscher Zeitschriftenverleger (Union of German magazine publishers - VDZ) and the Bundesverband Deutscher Zeitungsverleger (Union of German newspaper publishers - BDZV), in partnership with several publishing companies. PMG constructs electronic press databases from over 90 newspapers and magazines and sells them...

IRIS 2002-4:1/26 [DE] T-Online an bild.de Joint Venture Authorised by Cartels Office

On 8 March 2002, the Bundeskartellamt (Federal Cartels Office) authorised the venture subject to three conditions being met. Contrary to the original plans, the joint venture itself may not market Internet access as, according to the Cartels Office, this would strengthen the dominant position held by T-Online. Secondly, Internet users must be able to access the portal and view and download paid content via access providers other than TOnline. Furthermore, billing for paid content exclusively through T-Online is prohibited; users must be offered at least one alternative billing system of other providers....

IRIS 2002-4:1/18 [DE] Premiere and Arcor Launch Video-on-Demand Pilot Project

On 6 March 2002, German pay-TV provider Premiere and Arcor Online, which operates an extensive national telephone and data exchange network, signed an agreement concerning a video-on-demand pilot project. Arcor Online has been offering a video-on-demand service from its online platform www.arcor.de since December 2001. Premiere is now planning to use this platform to offer an extensive package of feature films, which it will market jointly with Arcor. The package will be available under the "Premiere" brand name from summer 2002 at the latest. Users will need a Digital Subscriber Line (DSL) and...

IRIS 2002-4:1/12 [DE] ARD and ZDF Support “Signal Solution” for 2002 World Cup

In early February 2002, broadcasters ARD and ZDF expressed their joint endorsement of the so-called "signal solution" for the digital satellite transmission of the 2002 football World Cup. ARD and ZDF acquired the rights to broadcast the World Cup in Germany from the Kirch group. However, satellite broadcasts can also be received in other European countries. In its contract with ARD and ZDF, Kirch had insisted that the licensees should only be allowed to broadcast the event digitally via satellite provided they did not breach the exclusive transmission rights of licensees in other countries. There...