The 14th chamber of the Schleswig Administrative Court (VG Schleswig) has upheld the complaint of a software development company against the broadcasting fee in the amount of €54.79 for an internet-enabled personal computer.
The court explained that a PC could only be a "new type of radio receiver" if it was suitable for reproducing radio broadcasts. If a PC did not have the necessary equipment to make speech, music and sounds audible at all, it could not reproduce broadcasts and was not a radio receiver. It was not sufficient that a PC could be made suitable for the reception of radio broadcasts by purchasing and installing or adding further components.
However, Internet-capable PCs are not to be regarded as broadcasting devices without further ado. They are multifunctional devices which, according to the manufacturer's intentions, can also be used for broadcast reception. In the case of commercially used Internet-capable PCs, it cannot be concluded from the possibility of use alone that they are held ready for reception, as is not typically the case with monofunctional conventional broadcast receivers, because of the wide range of possible uses.
In the opinion of the judges, the view that a broadcast receiver is already held ready for reception if it can be used to receive broadcasting without any special additional technical effort, and that actual use or intended use is not important, but that possession alone is sufficient, misses the reality in the commercial sector. Personal computers are not typically used there as broadcasting devices; in some cases, employees are even prohibited from using them. However, if a personal computer is actually used as a broadcasting device, broadcasting fees must also be paid.
Due to the fundamental importance, the Administrative Court allowed the appeal. An appeal against the judgement of 2 July 2009 may be lodged with the Schleswig-Holstein Higher Administrative Court within one month (Case No. 14 A 243/08).
Source: Press release of the VG Schleswig
Goldberg Attorneys at Law
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist lawyer for information technology law
E-mail: info@goldberg.de
