Archive for the 'database right' Category

Football Dataco Ltd v Smoot Enterprises Ltd – WLR Daily

Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136

“The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Football Dataco Ltd and others v Sportradar GmbH and another [2011] EWCA Civ 330; [2011] WLR (D) 113

“There was no good arguable case of copyright infringement under article 3 of Directive 96/9/EC such as to establish that the English court had jurisdiction for the purposes of article 27 of Council Regulation (EC) No 44/2001 where, even though the collection of data might involve some intellectual creation, what was alleged to have been copied was mere data on any reasonable view.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Content is ‘made available’ in jurisdiction where server is located, rules High Court – OUT-LAW.com

“A company is responsible for ‘making available’ internet-hosted material in the country where its host server is based, not in the country where the material is read or used, the High Court has said.”

Full story

OUT-LAW.com, 18th November 2010

Source: www.out-law.com

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Football Dataco Ltd and others v Sportradar GmbH and another [2010] EWHC 2911 (Ch); [2010] WLR (D) 293

“The act of making available to the public all or a substantial part of the contents of a database by online transmission within the meaning of art 7(2)(b) of Parliament and Council Directive 96/9/EC on the Legal Protection of Databases was committed and committed only where the transmission took place.”

WLR Daily, 18th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal will challenge copyright protection in football fixture lists – OUT-LAW.com

“OPINION: Everyone thought the question of what rights exist in football fixture lists was settled back in 2004 when the European Court of Justice concluded that the then new database right did not protect football fixture lists. It wasn’t.”

Full story

OUT-LAW.com, 20th October 2010

Source: www.out-law.com

Government publishes open data licence – OUT-LAW.com

“The Government has published the details of a licence which allows the re-use of public and Government information on a perpetual, royalty-free basis regardless of any copyright or database rights that exist in the material.”

Full story

OUT-LAW.com, 7th October 2010

Source: www.out-law.com

Guardian says dating site rivals violated database rights – OUT-LAW.com

“The Guardian newspaper has sued two online dating sites in the High Court claiming that the companies have violated its database rights by using profiles taken from its own dating service.”

Full story

OUT-LAW.com, 2nd June 2010

Source: www.out-law.com

Football fixtures protected by copyright but not database right, says High Court – OUT-LAW.com

“Football fixture lists are protected by database copyright but not by the EU’s database right, the High Court has said. The ruling means that sporting bodies can charge users of their fixture lists licence fees.”

Full story

OUT-LAW.com, 30th April 2010

Source: www.out-law.com

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others – WLR Daily

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others [2010] EWHC 841 (Ch); [2010] WLR (D) 104

“The selection or arrangement required by art 3(1) of the European Parliament and Council Directive 96/9/EC on the legal protection of databases was not confined to selection or arrangement performed after the data in a database was finally created.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Former employee who emailed company info to himself breached database rights, High Court rules – OUT-LAW.com

“The founder of a conferencing business breached his former employer’s database rights and misappropriated its confidential information, the High Court has said.”

Full story

OUT-LAW.com, 8th September 2009

Source: www.out-law.com

Database infringements depend on taking, not usage, of data – OUT-LAW.com

“The European Union’s Database Directive is infringed when data is taken out of someone else’s database regardless of what they intend using the information for, the European Court of Justice (ECJ) has said.”

Full story

OUT-LAW.com, 11th March 2009

Source: www.out-law.com

IT contractor broke copyright and database laws in data raid on playground firm – OUT-LAW.com

“An IT contractor who was part of a raid on a company, copied all of its electronic business records and locked staff out of computer systems, infringed copyright and database rights, the High Court has ruled.”

Full story

OUT-LAW.com, 28th October 2008

Source: www.out-law.com

Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg – WLR Daily

Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg (Case C-304/07); [2008] WLR (D) 312

“The ‘extraction’ of the contents of a database, which the database maker had the right to prevent, entailed an act of transfer of the contents to another medium, and included electronic copying and copying by a manual process.”

WLR Daily, 10th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Database right prevents more than just cut ‘n’ paste copying, rules ECJ – OUT-LAW.com

“A judgment by Europe’s highest court has strengthened the rights of database creators to protect their work from being used by third parties without permission. The database right protects against more than just copying and pasting, it ruled.”

Full story

OUT-LAW.com, 10th October 2008

Source: www.out-law.com

Database rights are too tough on business, says expert – OUT-LAW.com

“The European Union’s Database Directive is too restrictive and has the opposite of the desired effect of boosting e-commerce, an intellectual property expert has warned.”

Full story

OUT-LAW.com, 5th September 2008

Source: www.out-law.com

Database right infringed when staff took customer lists, rules court – OUT-LAW.com

“Employees who left a company to start up a rival breached that firm’s database rights when they took information with them, the High Court has ruled. The firm failed to prove, though, that the actions breached the company’s confidentiality.”

Full story

OUT-LAW.com, 8th January 2008

Source: www.out-law.com


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