Copyright

The following questions would be referred to the Court of Justice of the European Union: “Where a party uploads data from a database protected by sui generis right under the Database Directive onto that party’s webserver located in member state A and in response to requests from a user in another member state B the webserver sends such data to the user’s computer so that the data is stored in the memory of that computer and displayed on its screen:

(a) was the act of sending the data an act of ‘extraction’ or ‘re-utilisation’  by that party?

(b) did any act of extraction and/or re-utilisation by that party occur: (i) in A only; (ii) in  B only; or (iii) in both A and B?”