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


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