You can’t treat a database like a car in the garage – Your Response v Datateam – Technology Law Update

Posted March 21st, 2014 in contracts, conversion, database right, news by sally

‘A publisher engaged a database manager to maintain a database of subscribers. There was no a formal contract and no provisions for termination were agreed. The relationship ended badly and the publisher gave a month’s notice. The database manager refused to release the database until outstanding fees and damages were paid – raising an old-style legal concept that was useful in the days before modern contracts.’

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Technology Law Update, 20th March 2014

Source: www.technology-law-blog.co.uk

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Gas company vicariously liable for database rights infringement by staff – OUT-LAW.com

Posted October 21st, 2013 in copyright, damages, database right, energy, news, privacy, vicarious liability by sally

“The market leader in the sale of liquid propane gas (LPG) in the UK has been found vicariously liable for the infringement of database rights belonging to a rival.”

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OUT-LAW.com, 18th October 2013

Source: www.out-law.com

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Police face legal challenge over secret files on protesters – The Guardian

Posted October 21st, 2013 in criminal records, database right, demonstrations, human rights, news, police, privacy by sally

“Police chiefs face a legal challenge over their policy of keeping secret files on thousands of political activists.”

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The Guardian, 18th October 2013

Source: www.guardian.co.uk

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Privacy actions up 22% as public fights storage of personal information on ‘big brother’ databases – The Independent

“A sharp rise in the number of privacy hearings in British courts has been fuelled by requests for ‘irrelevant’ personal information to be removed from police and other state databases, figures show.”

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The Independent, 22nd July 2013

Source: www.independent.co.uk

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Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others – WLR Daily

Posted February 11th, 2013 in appeals, copyright, data protection, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others [2013] EWCA Civ 27; [2013] WLR (D) 48

“Pursuant to article 7 of Parliament and Council Directive 96/9/EC on the legal protection of databases, a sui generis database right subsisted in a database consisting of information gathered live at football matches as those matches proceeded. It was not the case that there could be no article 7 right unless there was investment in collecting together materials which had already been recorded.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

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Web publishers responsible for ‘inevitable’ database rights infringement of users, says Court of Appeal – OUT-LAW.com

Posted February 7th, 2013 in appeals, database right, internet, news by sally

“Website operators can be held responsible for database rights infringement by their users if that infringement was ‘inevitable’ as a result of actions of the site operators, the Court of Appeal has said.”

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OUT-LAW.com, 7th February 2013

Source: www.out-law.com

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Database supported by UK servers means High Court can rule over alleged claims of infringement, says judge – OUT-LAW.com

Posted November 13th, 2012 in copyright, database right, EC law, jurisdiction, news by sally

“The High Court will determine whether a Dutch company, its managing director and two employees are liable for infringements of database rights and copyright as well as a breach of confidence after rejecting claims that the case should be heard in the Dutch courts.”

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OUT-LAW.com, 12th November 2012

Source: www.out-law.com

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High Court breaks down application of database rights for ‘factual data’ recorded from football games – OUT-LAW.com

Posted May 11th, 2012 in copyright, database right, EC law, intellectual property, news, sport by tracey

“Individuals who access information about football goals that is stored in a database do not infringe on the database rights of football authorities, the High Court has ruled.”

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OUT-LAW.com, 11th May 2012

Source: www.out-law.com

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Football Dataco Ltd and Others v Yahoo! UK Ltd and Others – WLR Daily

Posted March 6th, 2012 in copyright, database right, EC law, law reports by sally

Football Dataco Ltd and Others v Yahoo! UK Ltd and Others (Case C-604/10); [2012] WLR (D) 57

“A ‘database’ within the meaning of article 1(2) of Directive 96/9/EC was protected by the copyright laid down by article 3(1) of the Directive provided that the selection or arrangement of the data which it contained amounted to an original expression of the creative freedom of its author, which was a matter for the national court to determine.”

WLR Daily, 1st March 2012

Source: www.iclr.co.uk

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Football fixtures not protected by database copyright, says ECJ advisor – OUT-LAW.com

Posted December 19th, 2011 in database right, news, sport by tracey

“Databases of football fixture lists are not protected by EU database copyright laws because the creation of the fixtures themselves is not part of what the EU law protects, an advisor to the European Court of Justice (ECJ) has said.”

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OUT-LAW.com, 16th December 2011

Source: www.out-law.com

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Police infringed database rights of forensics firm in misusing confidential information, High Court rules – OUT-LAW.com

Posted November 15th, 2011 in database right, news, police by sally

“A UK police force breached database rights and misused confidential information stored on a company’s database when it shared the data on an online law enforcement forum, the High Court has ruled.”

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OUT-LAW.com, 14th November 2011

Source: www.out-law.com

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Football Dataco Ltd v Smoot Enterprises Ltd – WLR Daily

Posted April 18th, 2011 in appeals, database right, default judgments, law reports by sally

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.

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

Posted April 1st, 2011 in copyright, database right, EC law, jurisdiction, law reports by sally

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.

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

Posted November 19th, 2010 in copyright, database right, EC law, jurisdiction, news by sally

“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.”

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OUT-LAW.com, 18th November 2010

Source: www.out-law.com

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

Posted November 19th, 2010 in copyright, database right, EC law, jurisdiction, law reports by sally

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.

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

Posted October 22nd, 2010 in copyright, database right, news, sport by sally

“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.”

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OUT-LAW.com, 20th October 2010

Source: www.out-law.com

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Government publishes open data licence – OUT-LAW.com

Posted October 7th, 2010 in copyright, database right, government departments, news by sally

“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.”

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OUT-LAW.com, 7th October 2010

Source: www.out-law.com

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

Posted June 3rd, 2010 in database right, internet, media, news by sally

“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.”

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OUT-LAW.com, 2nd June 2010

Source: www.out-law.com

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

Posted May 1st, 2010 in copyright, database right, news, sport by sally

“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.”

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OUT-LAW.com, 30th April 2010

Source: www.out-law.com

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

Posted April 27th, 2010 in copyright, database right, EC law, law reports, sport by sally

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.

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