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IRIS 1996-1:1/3 [DE] Discussion on the legal responsibility of on-line services and companies offering access to Internet

Following suspicion of the circulation of pornography among newsgroups on Internet, the State Prosecution Service in Munich instigated investigation proceedings against the German subsidiary of the on-line service CompuServe. These began with the impounding of private computers whose mailboxes were found to contain pornographic material. It is the view of the State Prosecution Service that the company CompuServe bears joint responsibility for the data circulating in its data network. In order to prevent offences being committed, checks must be made, using all available technical means, on whether...

IRIS 1995-10:1/24 [DE] Heads of Länder Governments Agree on New Regulations to Control Media Concentration

The share-based approach to controlling the power of private broadcasters to shape opinion, which has so far applied in Germany, is to be replaced by a new approach, based on their percentage share of the audience. At their meeting in mid-October, the heads of government of the 16 Länder agreed on the main points of the new system. So far, programme providers in Germany have had to work through consortiums. Broadcasting bodies are licensed only when none of the partners holds 50% or more of the capital or voting rights. In future, even 100% holdings will be permitted. To keep power to shape opinion...

IRIS 1995-10:1/21 [DE] Land Media Authority Directors Speak Out on DVB

At a recent meeting, on 11 July 1995, the Conference of Directors of Land Media Authorities (DLM) presented a joint position paper on the introduction of Digital Video Broadcasting (DVB) throughout the Federal Republic. Having briefly discussed the technical possibilities of DVB, the wide-ranging paper concentrates on the question of what needs to be done in legal terms. Two sections contain separate recommendations on legal regulations and on action during the start-up phase of DVB. Nothing is said about Digital Audio Broadcasting (DAB), since the Land media authorities expect it to have marginal...

IRIS 1995-10:1/8 [DE] Price-fixing for CD-ROM - the Berlin Appeal Court Decides

On 17 May 1995, the Cartel Chamber of the Berlin Court of Appeal upheld the Federal Cartel Office's decision of 25 May 1994, prohibiting a legal bookshop from concluding price-fixing contracts for CD-ROM products. The proceedings came about when a specialised legal bookshop, while continuing to publish its specialised journals in their normal printed form, began to issue the full texts on CD-ROM as well, and tried to fix the price of the CD-ROM edition in the same way as that of the printed version. The CD-ROM edition makes it possible, by following certain search procedures, to locate specific...

IRIS 1995-10:1/7 [DE] Decision of the Administrative Court in Berlin on Payments Made by Public Authorities for Journalists to Travel

The Administrative Court in Berlin has ruled that a public authority which funds travel for journalists directly or indirectly is subsidising the press in an unlawful manner. The decision concerned a visit to Beijing by the Mayor of Berlin. On this occasion, a limited number of airline tickets were made available to journalists from various daily newspapers. Since there were more applicants than tickets, a selection was made, and some, at least, of the journalists had their travel and accommodation paid for. The case was brought by a daily paper whose journalists were not included and which objected...