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In a ruling of 8 March 2001, the Oberlandesgericht München (Munich Court of Appeal - OLG) dismissed an appeal by an Internet Service Provider (ISP) against a judgment of the Landgericht München I (First Munich District Court - LG), which had decided in principle that the appellant was entitled to compensation from the ISP. The case concerned the operation of an online forum for the exchange of MIDI files. MIDI files are digital recordings of synthesized music, usually pop music. Members of the forum were able to upload MIDI files onto the server or download them onto their own computers with complete...

Following two rulings announced by the Bundesverwaltungsgericht (Federal Administrative CourtBVerwG) on 25 April 2001, Deutsche Telekom AG (DTAG) is now obliged to provide its competitors in the market for telecommunications services for the public with "unbundled access" to the local loop. DTAG must therefore ensure that its competitors have access to the copper or fibreglass cable without bundling it with other services. In both appeal hearings, the Court examined the legitimacy of the intervention by the then Federal Ministry for Post and Telecommunications (BMPT) which, as the regulatory authority...

On 10 April, the Gemeinsame Stelle Digitaler Zugang (Joint Digital Access Board) of the Direktorenkonferenz der Landesmedienanstalten (Congress of Land Media Authority Directors - DLM) adopted a policy document on the sale of the level 3 cable networks by the Deutsche Telekom Aktiengesellschaft (German telecommunications company - DTAG). In the document, the DLM assesses the prospects and risks connected with the restructuring of the cable market and discusses the cable networks' position at the crossroads of media, telecommunications and cartel law. The DLM then announces practical measures it...

On 4 May 2001, the Federal Ministry for Business and Technology tabled a Bill designed to transpose Directive 98/84/EC of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access. The Bill aims to protect services that provide access to restricted services on a fee-paying basis against infringing activities carried out for commercial gain. Conditional access services in the sense of Section 2 of the Bill are broadcasting, teleservices and media services provided against remuneration and on the basis of conditional access. They include technical measures...

On 30 March 2001, the Bundesrat (Federal Council) approved three Federal Government ordinances, which establish the legal framework proposed in Sections 44 to 49 of the Telekommunikationsgesetz (Telecommunications Act - TKG). These are the Frequenzbereichszuweisungsplanverordnung (Frequency Band Allocation Plan OrdinanceFreqBZPVO), based on Section 45.1 of the TKG, the Frequenznutzungsplanaufstellungsverordnung (Ordinance on the Procedure for Drawing Up the Frequency Usage PlanFreqNPAVO, based on Section 46.3 of the TKG) and the Frequenzzuteilungsverordnung (Frequency Assignment Ordinance - FreqZutVO,...