Last week, several German political leaders, members of the federal administration, academics, IT-businessmen and other members of the German society met in Essen for the 7th National IT-Summit. The summit is an invite-only conference being held once a year by the German Federal Ministry of Economics and Technology. It forms the end and new beginning of an ongoing discussion between the members of the six working groups and several sub-working groups to develop a nation-wide (political) IT-strategy for Germany. Continue reading
According to German jurisdiction, WLAN-operators can be held liable for online-infringements on third parties’ rights committed via their connection to the internet. That is, unless the operator duly fulfills his obligation to make sure such infringements cannot and will not be committed via his connection. This also applies to WLANs operated in cafés, bars, hotels and similar places. In all these places, the WLAN operator basically has to check what his customers do online and to oblige them to act according to law. Continue reading
A while ago we reported that the German Federal Ministry of Justice (BMJ, Bundesjustizministerium) published a proposal for the implementation of a new neighboring right for press publishers.
Last Friday, a second draft for implementing such a new neighboring right into the German Copyright Code has been published by the Ministry. Compared to the first draft, the scope of the new neighboring right is far more limited: according to the new draft press publishers will only have a claim for remuneration against search engine companies. Other users like bloggers, companies other than press publishers or law firms would not need to obtain a license from the press publisher if they make available a press product. Continue reading
The German Federal Ministry of Justice has published the long-awaited proposal for the implementation of a new neighboring right for press publishers. According to the reason given for the draft, press publishers will be granted the neighboring right in order to ease their lives in our digital times (by way of making sure that they receive a compensation for the specific work that they do).
For more than three years, press publishers have lobbied for a new IPR as a prerequisite to maintain quality journalism in the digital age. As was to be expected, the request has been quite heavily criticized by renowned scholars, the German industry and interest groups like IGEL (initiative against a neighboring right for press publishers) – with quite a notable list of supporters. The most notable opponent of such a new right (and main target of the press publishers) is Google, aka the usual suspect.
From the point of view of the press publishers who want and need to be able to gain noteworthy profits from their online press publications, Google’s business model unjustly exploits their content and publications. News aggregators like Google News are said to be a prime example of the internet age’s free riding business models massively harming the press publishers as advertising budgets are not spent where the content comes from. On the other hand, a neighboring right that will protect an individual sentence or a few words taken from an article would obviously be substantially cutting into freedoms that most Internet users have become accustomed to. Continue reading