Forensic Telecommunications Services Ltd v West Yorkshire Police & Anor [2011] EWHC 2892 (Ch) (09 November 2011)

Forensic Telecommunications Services Ltd v West Yorkshire Police & Anor [2011] EWHC 2892 (Ch) (09 November 2011)

The PM Abs Lists compiled by FTS were original literary works and databases protected by copyright and database right. The Defendants copied a substantial part of these lists without licence, constituting infringement. The Defendants' use was not fair dealing for non-commercial research, nor was there sufficient acknowledgement. The information was confidential at the relevant time and was misused by the Defendants. However, the Defendants established an innocence defence to damages for copyright and database right infringement, but not for breach of confidence.

Citation
[2011] EWHC 2892 (Ch)
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
Intellectual Property Infringement (copyright, Database Right, Breach of Confidence) / High Court Trial Judgment
Outcome
Judgment for the Claimant on liability for copyright, database right infringement, and breach of confidence; innocence defence to damages for copyright and database right infringement established; damages for breach of confidence only.
Legal Topics
Copyright Subsistence and Infringement, Database Right Subsistence and Infringement, Breach of Confidence, Fair Dealing Exceptions, EU Directives Implementation, Forensic Software and Data Extraction
Intellectual Property Law Copyright Law Database Rights Confidential Information Copyright Subsistence and Infringement Database Right Subsistence and Infringement Breach of Confidence Fair Dealing Exceptions +2 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

Intellectual Property Infringement (copyright, Database Right, Breach of Confidence) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the PM Abs Lists are protected by copyright or database right
  2. 2 Whether the Defendants infringed copyright or database right in the PM Abs Lists
  3. 3 Whether the Defendants misused confidential information

Ratio Decidendi

The PM Abs Lists compiled by FTS were original literary works and databases protected by copyright and database right. The Defendants copied a substantial part of these lists without licence, constituting infringement. The Defendants' use was not fair dealing for non-commercial research, nor was there sufficient acknowledgement. The information was confidential at the relevant time and was misused by the Defendants. However, the Defendants established an innocence defence to damages for copyright and database right infringement, but not for breach of confidence.

Court Disposition

Judgment for the Claimant on liability for copyright, database right infringement, and breach of confidence; innocence defence to damages for copyright and database right infringement established; damages for breach of confidence only.

Orders

  • Declaration that Defendants infringed copyright and database right in the PM Abs Lists
  • Declaration that Defendants misused confidential information