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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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Gateley Legal—Jack Kelly

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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