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On 2 February 2017, after conducting a three-step test, the BR-Rundfunkrat (Broadcasting Council of Bayerische Rundfunk - BR) approved the telemedia concept “Alignment of the retention period for fictional format categories on DasErste.de with the ARD retention period concept”. In the test, which lasted more than 12 months, experts assessed whether the telemedia concept met the democratic, social, and cultural needs of society and promoted media competition, as well as studying its financial impact on the market. Two factors determine for how long videos remain available in the ARD media library...

In Germany it is illegal to copy the so-called “bot software” that allows players of online role-playing games to automatically enhance their online characters. In a recently published decision of 6 October 2016, the Bundesgerichtshof (Federal Supreme Court - BGH) decided that the use of such bot software for commercial purposes infringes the copyright of the developers of the online games concerned (case no. I ZR 25/15). Blizzard Entertainment, developer of the online role-playing games “World of Warcraft” and “Diablo III”, had filed a lawsuit against Bossland GmbH, which had developed a form...

On 12 January 2017, the Bundesgerichtshof (Federal Supreme Court - BGH) ruled that the sale of the so-called “bot software” that allows players of an online role-playing game to automatically enhance their avatars is illegal. It also prohibited the software developer Bossland GmbH from continuing to sell bot software for the popular online game “World of Warcraft” (case no. I ZR 253/14). Blizzard Entertainment, developer of the online role-playing games “World of Warcraft” and “Diabolo III”, had complained about the sale of Bossland bots “Honorbuddy” and “Gatherbuddy”. Blizzard Entertainment claimed...

In a judgment of 26 January 2017, the Bundesgerichtshof (Federal Supreme Court - BGH) found that a public service broadcaster had breached competition law by giving a publishing company the right to publish a printed work bearing its protected trademarks (case no. I ZR 207/14). The decision followed an action for an injunction brought by the Bauer publishing company against broadcaster SWR and one of its subsidiaries. The plaintiff, Bauer, which publishes cookery and lifestyle magazines, complained that SWR had, in relation to its programme “ARD Buffet” and as (co-)owner of the trademarks “ARD...

ZDF has drawn up a new set of guidelines with television production companies in order to support the German creative industry. According to a joint press release issued by the public service broadcaster and producer associations on 13 December 2016, under the new agreement, production companies will benefit financially from the online exploitation of their work in particular.   ZDF is the largest single customer in the German TV production market. Under one of the new agreement’s key provisions, a one-off additional payment of up to 1% above the figure previously agreed in the production contract...