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Subject: Kabelnet and the law


Author:
Lew
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Date Posted: 07:52:36 12/10/03 Wed
In reply to: Lew 's message, "Re: Help Sky package in Austria NW" on 05:23:25 12/09/03 Tue

>>If that's the case, then the whole of W. Europe could
>>have the Beeb on cable.
>
>Yeah, but first the BBC has to publicly acknowledge
>the fact that overspill is much bigger than they had
>originally said. And you remember how many centuries
>it took for them to admit that Gallileo was right and
>that the earth really does go around the sun (or was
>that the Vatican?).
>Having said that, I wonder why the BBC says that only
>city in continental Europe where you can have their
>programmes is Brussels. A cynic might say it has
>something to do with all the British MEPs and Foreign
>Office types there. I wonder if there is a similar
>reception hotspot over Strasbourg.

Actually if the law in Austria is in compliance with the EU directive TV without Frontiers (and, naturally it should comply with the acquis communitaire), then the BBC has a serious problem with Kabelnet. The directive states that “Member States shall ensure freedom of reception and shall not restrict retransmission on their territory of television programmes from other Member States.” In that case the Austrian state and the courts, which are agents of the state, cannot prevent Kabelnet from distributing the BBC signal, although it may order Kabelnet to pay the BBC a reasonable fee for their programmes. Now, I ain’t no lawyer, but I bet the people at Kablenet know a thing or two about intellectual property rights.

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Re: Kabelnet and the lawjno11:38:25 12/11/03 Thu


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