Football Dataco Ltd & Ors v Stan James Plc & Ors [2013] EWCA Civ 27 (06 February 2013)

Football Dataco Ltd & Ors v Stan James Plc & Ors [2013] EWCA Civ 27 (06 February 2013)

Football Live qualifies as a protected database under the Database Directive due to substantial investment in obtaining and presenting pre-existing factual data. Extraction occurs when Live Scores data is downloaded to punters' computers, constituting infringement if a substantial part is taken. Sportradar and Stan James are liable for infringement pre-defence; no valid defences of freedom of expression or abuse of rights apply. Jurisdiction over Sportradar is established due to targeting UK users.

Citation
[2013] EWCA Civ 27
Parties
Claimants/appellants: Football Dataco Ltd and Others; Defendants/appellants: Stan James plc and Others; Defendants/appellants: Sportradar GmbH and Another
Jurisdiction
England and Wales
Judgment Date
06 February 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeals and cross-appeals dismissed or allowed in part; Football Live is a protected database; infringement found for pre-defence data; jurisdiction over Sportradar confirmed.
Legal Topics
Database Rights, Sui Generis Right, Infringement, Jurisdiction, Freedom of Expression, Abuse of Rights
Intellectual Property European Union Law Database Rights Sui Generis Right Infringement Jurisdiction Freedom of Expression Abuse of Rights

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Parties

Football Dataco Ltd and Others

Claimants/appellants

Stan James plc and Others

Defendants/appellants

Sportradar GmbH and Another

Defendants/appellants

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Football Live qualifies as a protected database under the Database Directive
  2. 2 Whether extraction or re-utilisation by Stan James punters and Sportradar constitutes infringement
  3. 3 Whether there are defences of freedom of expression or abuse of rights

Ratio Decidendi

Football Live qualifies as a protected database under the Database Directive due to substantial investment in obtaining and presenting pre-existing factual data. Extraction occurs when Live Scores data is downloaded to punters' computers, constituting infringement if a substantial part is taken. Sportradar and Stan James are liable for infringement pre-defence; no valid defences of freedom of expression or abuse of rights apply. Jurisdiction over Sportradar is established due to targeting UK users.

Court Disposition

Appeals and cross-appeals dismissed or allowed in part; Football Live is a protected database; infringement found for pre-defence data; jurisdiction over Sportradar confirmed.

Orders

  • Declaration of subsistence of sui generis database right in Football Live
  • Finding of infringement against Stan James and Sportradar for pre-defence data