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IRIS 2010-10:1/30 [FR] HADOPI Sends Out the First Warning E-Mails

On 4 October 2010, following the rejection by the Conseil d’État on 14 September of the appeal brought by the access provider FDN against the Decree on HADOPI’s sanctions procedure (see IRIS 2010-9: 1/24), the HADOPI sent out its first warning e-mails to people who had downloaded works from the Internet illegally. The e-mails inform their addressees that they have “failed in their obligation of supervision” (Article 336-3 of the Intellectual Property Code introduced by the HADOPI Act) and remind them of their obligation to ensure that their access to Internet is secure so that it cannot be used...

IRIS 2010-10:1/26 [DE] Study Finds Planned Broadcasting Licence Fee Complies with Data Protection Rules

A study commissioned by ARD and ZDF has concluded that the planned licence fee to fund public service broadcasting is compatible with the constitutional rules on data protection (see IRIS 2010-6/21). The report, published on 20 September 2010, primarily examines the extent to which data concerning members of the public contained on population registers can be communicated to the Gebühreneinzugszentrale (licence fee collecting agency - GEZ) for public service broadcasters. It also investigates the information obligations of individuals who owe the licence fee and broadcasters’ right to obtain information...

IRIS 2010-10:1/10 European Parliament: Gallo Report Adopted by European Parliament

On 22 September 2010 the Gallo Report was adopted by the European Parliament. It concerns a motion for a European Parliament Resolution on the enforcement of intellectual property rights in the internal market. The Report was adopted against the background of increasing awareness of and action against the infringement of copyrights on the internet (this is also, for example, the focus of the Anti-Counterfeiting Trade Agreement (ACTA) negotiations). The Report states that infringement of copyrights is a threat to the economy and society, as well as to consumer health and safety in Europe, and that...

IRIS 2010-10:1/4 Parliamentary Assembly: Recommendation on Intellectual Property Rights in the Digital Society

On 12 March 2010, the Parliamentary Assembly adopted Recommendation 1906 (2010), which identifies certain consequences of the development of the internet society that need further investigation. These are analysed below. A solution has not yet been developed that sufficiently covers the issues of protecting copyright and neighbouring rights and combating piracy in the digital environment. The Committee on Culture, Science and Education presented a draft recommendation in order to initiate discussion about a model that harmonises the rights of creators, investors and internet users. The Parliamentary...

IRIS 2010-9:1/34 [RO] Public Consultation to Modify the Audiovisual Code

The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) launched on 17 August 2010 a public consultation regarding the proposed changes of Decizia nr. 187/2006 privind Codul de reglementare a conţinutului audiovizual (Decision no. 187/2006 concerning the Regulatory Code for Audiovisual Content, Audiovisual Code). The project was placed for one month on the Council’s website (see IRIS 2006-4: 19/33, IRIS 2007-1:16/29, IRIS 2007-4: 19/30, IRIS 2008-1: 17/25 and IRIS 2008-2: 17/26). The Audiovisual Code has to be modified to be in line with the Legea Audiovizualului...