Forensic Telecommunications Services Ltd v West Yorkshire Police & Anor

Forensic Telecommunications Services Ltd v West Yorkshire Police & Anor

Copyright does not subsist in the PM Abs List as it is not an intellectual creation by virtue of selection or arrangement; however, database right subsists due to substantial investment in obtaining and verifying the data, and the Defendants infringed that right by extracting and re-utilising a substantial part of the database. The PM Abs List was confidential information, and the Defendants misused it. Claims succeed for database right infringement and breach of confidence in relation to the WYP Lists, but not the Pandora’s Box List.

Parties
Claimant: Forensic Telecommunications Services Limited; First Defendant: The Chief Constable of West Yorkshire Police; Second Defendant: Stephen Hirst
Jurisdiction
England and Wales
Judgment Date
09 November 2011
Procedural Posture
Civil / Judgment
Outcome
Claim for copyright infringement dismissed; claims for database right infringement and breach of confidence succeed in relation to the WYP Lists, but not the Pandora’s Box List.
Legal Topics
Copyright, Database Right, Breach of Confidence, Fair Dealing, Subsistence of Copyright, Infringement, Vicarious Liability
Intellectual Property Confidential Information Copyright Database Right Breach of Confidence Fair Dealing Subsistence of Copyright Infringement +1 more

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Parties

Forensic Telecommunications Services Limited

Claimant

The Chief Constable of West Yorkshire Police

First Defendant

Stephen Hirst

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Does copyright subsist in the PM Abs List?
  2. 2 Is database right subsisting and infringed in the PM Abs List?
  3. 3 Was there a breach of confidence regarding the PM Abs List?

Ratio Decidendi

Copyright does not subsist in the PM Abs List as it is not an intellectual creation by virtue of selection or arrangement; however, database right subsists due to substantial investment in obtaining and verifying the data, and the Defendants infringed that right by extracting and re-utilising a substantial part of the database. The PM Abs List was confidential information, and the Defendants misused it. Claims succeed for database right infringement and breach of confidence in relation to the WYP Lists, but not the Pandora’s Box List.

Court Disposition

Claim for copyright infringement dismissed; claims for database right infringement and breach of confidence succeed in relation to the WYP Lists, but not the Pandora’s Box List.

Orders

  • FTS succeeds in its claim for infringement of database right against both Defendants in respect of the WYP Lists.
  • FTS succeeds in its claim for breach of confidence in respect of the WYP Lists.