Es geht weiter mit dem geplanten Leistungsschutzrecht für Presseverlage

Auf Twitter eröffneten die Akteure Dietrich von Klaeden, Christoph Keese und Daniel Schultz die Diskussion über das geplante Leistungsschutzrecht für Presseverlage aufs neue und alles ist eigentlich wie immer. Die Meldungen aus Irland, wo die Presseverlage bis zu 300 Euro Lizenzgebühren für Verlinkungen haben wollen, oder Belgien, wo sich die Google unterlegenen Presseverlage zu einer gemeinsamen Paywall verabreden, heizen die Diskussion bei uns vor Ort weiter an. Während Christoph Keese zu dem Fazit kommt, dass die deutschen Presseverlage im Vergleich zu den irischen Verlagen sehr liberal sind, ahnt Jimmy Schulz, wohin die Reise gehen könnte, wenn man den Presseverlagen mit dem bestellten Leistungsschutzrecht den kleinen Finger reicht.

 

 

Wo waren wir im letzten Jahr stehen geblieben? Mitte Dezember beantwortete die Bundesregierung eine Anfrage vom Portal FragDenStaat.de, über das Netzpolitik.org die Veröffentlichung aller ″Dokumente zum Thema Leistungsschutzrecht, besonders der Rolle von Staatsminister Eckart von Klaeden″ auf Grundlage des Informationsfreiheitsgesetz beantragte. Eckart von Klaeden (CDU) ist Staatsminister bei der Bundeskanzlerin und der Bruder des oben erwähnten Vieltwitterer Dietrich von Klaeden, der Leiter für Regierungsbeziehungen der Axel Springer AG ist und seit 2011 Mitglied der FDP-Kommission für Internet und Medien. Die Bundesregierung lehnte die Anfrage mit der viel sagenden Antwort ab, dass ″die vorzeitige Bekanntgabe der Informationen den Erfolg der Entscheidung oder bevorstehender behördlicher Maßnahmen vereitelt würde″. Die Bundestagsfraktion der Linken stellte daraufhin am 20. Dezember 2012 eine Kleine Anfrage an die Bundesregierung und wollte mehr zur Einflussnahmen auf das geplante Leistungsschutzrecht für Presseverlage wissen. Die Fragen sind eigentlich innerhalb von 14 Tagen schriftlich zu beantworten, jedoch haben die Steller_innen der Anfrage einer Verlängerung der Frist nach § 104 Abs. 2 GO-BT zugestimmt.

 

Zumindest wurden inzwischen die ersten drei Sachverständige zur öffentlichen Anhörung des Rechtsausschusses bekannt gegeben. Mit dem Berliner Rechtsanwalt Dr. Till Kreutzer von der Initiative gegen ein Leistungsschutzrecht (IGEL), den bloggenden Freisinger Rechtsanwalt Thomas Stadler und Prof. Dr. Gerald Spindler von der Georg-August-Universität Göttingen, sind drei bekannte Expert_innen nominiert wurden, die sich alle schon kritisch gegenüber den Plänen der Bundesregierung geäußert haben. Kreutzer ist bei IGEL und iRights.info ein ständiger Kritiker des Gesetzesvorhaben, Stadler hat sich auf Carta schon öfters kritisch zum Leistungsschutzrecht geäußert und Spindler vermutete im September 2011 im IGEL-Interview, dass ein Leistungsschutzrecht für Presseverlage verfassungswidrig sein könnte. Sechs weitere Plätze sind auf der Liste noch leer, aber nach der vielseitigen Kritik, besonders aus dem akademischen Bereich, bleibt abzuwarten, wer für das Leistungsschutzrecht das Wort ergreifen wird.

Ein spannender Frühling steht uns bevor und auch wenn das Ergebnis zu erahnen ist, sind die Argumente für das geplante Leistungsschutzrecht für Presseverlage immer noch schwach und wie sich die bekennenden Gegner des Gesetzesvorhaben in den Reihen der Regierungsparteien verhalten werden, auch noch nicht genau abzusehen.

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