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Replying to an application for a temporary order, the Koblenz Appeal Court ( Oberlandesgericht - OLG ) decided on 27 October 1998 that in future no telephone directories may be sold in CD-ROM format without the telephone subscribers' prior permission. The applicant, a computer software manufacturer, who also produced a CD-ROM telephone directory with which subscribers could be identified by means of their telephone number, neighbourhood searches could be carried out and business numbers found, had been prohibited from selling these CD-ROMs by means of an injunction. As a result of this, she had...

On 6 May this year, the 1st Civil Court of Appeal ( I. Zivilsenat ) of the Federal Supreme Court ( BundesgerichtshofBGH ), which hears cases concerning copyright and competition law, ruled that companies selling telephone directories in CD-ROM format require a licence to use information on subscribers contained in telephone books published by DeTeMedien , a subsidiary of Deutsche Telekom AG . DeTeMedien , which also publishes its own electronic telephone directory on CD-ROM containing data provided by Deutsche Telekom , had sought an injunction against and damages from two companies selling CD-ROM...

In a judgement of 9 February 1999, the Koblenz Appeal Court ( Oberlandesgericht - OLG ) reversed a decision of the Mainz District Court ( Landgericht - LG ) of 1 September 1998 on the admissibility of a party political broadcast (see IRIS 1998-9:7) and, at the same time, dismissed an application for a temporary injunction to be granted. The plaintiff had hoped to oblige the defendant to broadcast, at certain specified times on 1, 5, 10 and 17 September, a party political broadcast on behalf of the plaintiff containing the words "Today Konrad Adenauer and Kurt Schumacher would vote for the Republicans"....

The Committee of Ministers of the Council of Europe adopted on 23 February 1999 a recommendation which aims essentially at raising public awareness of what is at stake on the Internet and of the risks which abuse of the information highways may cause for privacy. The recommendation contains Guidelines which recall the rights and obligations of Internet users and service providers and gives practical advice on the implementation of data protection standards. The text is addressed to governments, with a view to wide distribution to Internet users and service providers, in particular through national...

The Court of Appeal in Paris recently delivered its decision in the dispute between a well-known model and an Internet service provider. The provider had allowed one of the web sites it hosts to show nude photographs of the model. Maintaining that publication of the photographs infringed her right of personal portrayal and her right to personal privacy, the model had applied to the urgent applications judge, whose powers include putting a stop to a manifestly unlawful nuisance. In his order of 9 June 1998, this judge found that the matter of liability on the part of the access provider or host...