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IRIS 1999-3:1/8 [DE] Federal Constitutional Court Rejects Radio Bremen Appeal

In January this year, the Federal Constitutional Court ( Bundesverfassungsgericht - BVerfG) dismissed a complaint by the public broadcasting company " Radio Bremen" concerning an alleged infringement of the Constitution. The appellant had opposed temporary provisions set out in the Act amending the Radio Bremen Act of 27 October 1998, under which the Board of Directors was to be dismissed. The Board of Directors, of which the Executive Director ( Intendant) was a member under the previous law, was to be dismissed as soon as the Amendment Act came into force. Radio Bremen's complaint was partly...

IRIS 1999-3:1/3 [DE] Admissibility of Comparative Advertising on the Internet

In a recently published judgement, the Wiesbaden Regional Court ( Landgericht) ruled that comparative advertising on the Internet was not in itself inadmissible (see also IRIS 1998-3:3 and IRIS 1998-7:6). In 1997 the defendant, a health insurance company, had introduced a facility on its Internet site enabling people to compare its prices with those of other health insurance companies. If the user inputted his or her personal data and other information, the company's premium appeared on the screen. Another health insurance company could then be selected and its own premium would be shown. The premiums...

IRIS 1999-2:1/28 [DE] Betaresearch Launches Programming Interface for the Set Top Box

On 12 January, betaresearch, the Kirchgruppe R & D company, published the "betanova" Application Programming Interface (API) for its digital set top box (d-box). The set top box is necessary to decode the digital datastream into a television picture. With the publication of the programming interface it will now be possible for any programme supplier to develop its own new applications for the decoder. These can be electronic programme guides, for instance, and to implement these applications betaresearch has put a software development package on the market. The decision to open up the d-box to...

IRIS 1999-2:1/9 [DE] Frankfurt Court of Appeal on Central Marketing of Film and Television Rights for Motor Racing Events

By its judgement on 15 December 1998, the 1st Cartel Division of the Frankfurt am Main Court of Appeal ( Oberlandesgericht - OLG) dismissed the appeal by a television production and marketing company against the International Automobile Federation ( Fédération Internationale de l'Automobile - FIA). The plaintiff was opposed to changes in Article 26 of the FIA statutes made by resolution on 20 October 1995 and 11 January 1996, under which (with effect from 1 January 1997) all film and television rights in motor racing events taking place in more than one country belonged to the FIA. The FIA subsequently...

IRIS 1999-2:1/8 [DE] Court Decides on Split-Screen Advertising

On 17 December 1999, the Berlin Administrative Court ( Verwaltungsgericht - VG) held the practice followed by n-tv using a crawling display simultaneously with the normal picture for advertising purposes to be admissible. Since August 1998, the private news station n-tv had started running advertising material alongside stock prices in a crawling display on the lower part of the screen. The crawl strip was separated from the main programme by a red stripe. The advertising messages were preceded by two stars and the word "advertising" plus another star and closed off by the same sequence in reverse....