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07 April 2011
Issue: 7460 / Categories: Case law , Law digest
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Copyright

Football Dataco Ltd and other companies v Sportrader GmbH and another [2011] EWCA Civ 330, [2011] All ER (D) 322 (Mar)

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?”
 

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