Article 2
This Decision is addressed to: America Online, Inc. 22000 AOL Way Dulles VA 20166-9323 United States of America Fax:001-703 265 3992 Time Warner Inc. 75 Rockefeller Plaza New York NY 10019 United States of America Fax: 001-212 586 9812 Done at Brussels, 11 October 2000. For the Commission Mario Monti Member of the Commission (1) OJ L 395, 30.12.1989, p. 1; corrected version in OJ L 257, 21.9.1990, p. 13. (2) OJ L 180, 9.7.1997, p. 1. (3) OJ C 283, 9.10.2001. (4) AOL's press release announcing its fourth-quarter of 2000 financial results. (5) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in brackets and marked with an asterisk. (6) These services allow users to keep track of their friends and colleagues on-line, send instant messages and conduct real time chats with other users. Instant messaging is much quicker than e-mail, and unlike e-mail enables the user to know if the other user is on-line and allows instant conversation. (7) Time Warner owns 74,49 % of Time Warner Entertainment Company, LP (Time WarnerE). The remaining 25,51 % of Time WarnerE is owned by MediaOne Limited Partner, whose parent company has agreed to merge with AT& T Corp. (8) Examples of companies selling downloads over the Internet are CDnow/and Musicmaker. (9) Music publishing consists, inter alia, of the acquisition of rights to musical works and their subsequent exploitation upon remuneration, mostly in the form of a commission charged by the publisher to the author on the revenues generated by the commercial exploitation of musical works. "Self-publishing" takes place when an author promotes, licenses and administers his own works without the help of a professional publisher. (10) According to an article entitled "MP3", by Glyn Moody, in New Scientist of 19 June 1999, Winamp, with 160000 downloads per day, dominates the music player field. (11) Commission Decision: Case IV/M.1439, Telia/Telenor. (12) Commission Decision: Case COMP/M. 1838, BT/Esat. (13) Commission Decision in Case JV 1. (14) See Commission Decision 1999/242/EC in Case IV/36.237 - TPS (OJ L 90, 2.4.1999, p. 6) point 43. (15) Mechanical rights are those necessary for the licensing of the reproduction of protected musical works by mechanical means, such as CDs and MDs to a record company. Performance rights are those necessary for the licensing of the public performance of protected musical works to commercial users such as television, radio, cable and satellite stations, concert organisers, discos, hotels, restaurants, etc. Both rights must be licensed for the on-line exploitation of musical works over the Internet. (16) A publisher controlling the publishing rights in one particular EEA country would be able to control the exploitation on-line of the corresponding musical works, at least, in that country. (17) Commission Decision 71/224/EC, Case IV/26.760 - GEMA (OJ L 134, 20.6.1971, p. 15). (18) Commission Decision 72/268/EC, Case IV/26.760 - GEMA (OJ L 166, 24.7.1972, p. 22). (19) Unique visitors means estimated number of different individuals who access a specific site among the total number of projected individuals. (20) According to Media Matrix. (21) See "The Internet - the rough guide 2000", by Angus J. Kennedy, p. 41. (22) See "Setbacks cast doubts on 'free' Net access", by Chris Ayres, in The Times of 20 July 2000. (23) Report by Jupiter Communication, "Competitive landscapes, UK market - Fourth Quarter 2000". (24) European Audiovisual Observatory Statistical Yearbook 1998, p. 92. (25) It is to be borne in mind that Time Warner's market share, both for mechanical and performing rights, is in no Member State higher than (15 % to 30 %).