77m Ltd v Ordnance Survey Ltd

77m Ltd v Ordnance Survey Ltd

77m's use of INSPIRE polygons was within the scope of the INSPIRE Download Terms and did not infringe OS database rights. However, 77m's use of centroids from the RoS Land Values dataset and addresses from HMLR (via A1 Match Licence and FAP scraping) was outside the scope of the relevant licences and constituted acts of extraction of a substantial part of the protected databases (Topo and AddressBase/NAG), infringing database rights. The statutory defence under Paragraph 3(1) of Schedule 1 to the Database Regulations applied only to the 480,000 FAP addresses manually downloaded and used commercially with HMLR's authority. No estoppel or authority issue arose. The claim for procuring...

Parties
Claimant/defendant (part 20): 77m Limited; Defendant/claimant (part 20): Ordnance Survey Limited; Claimant (part 20): GeoPlace LLP; Defendant (part 20): The Keeper of Public Records
Jurisdiction
England and Wales
Judgment Date
08 November 2019
Procedural Posture
Intellectual Property/commercial / High Court Trial Judgment
Outcome
Claim for infringement of database right by use of INSPIRE polygons dismissed; claim for infringement by use of RoS centroids and HMLR addresses (A1 Match, FAP scraping) upheld; claim for procuring breach of contract dismissed.
Legal Topics
Database Right, Copyright, Breach of Contract, Licensing, Open Data, Sui Generis Right, Estoppel, Authority, Procuring Breach of Contract
Intellectual Property Contract Competition Database Right Copyright Breach of Contract Licensing Open Data +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 14
Sign in to unlock

Parties

77m Limited

Claimant/defendant (part 20)

Ordnance Survey Limited

Defendant/claimant (part 20)

GeoPlace LLP

Claimant (part 20)

The Keeper of Public Records

Defendant (part 20)

Procedural Posture

Intellectual Property/commercial / High Court Trial Judgment

Legal Issues

  1. 1 Whether 77m infringed Ordnance Survey's database rights by creating and commercialising the Matrix dataset
  2. 2 Whether 77m's use of data from HMLR, RoS, and Lichfield DC was licensed or otherwise lawful
  3. 3 Whether 77m breached the terms of the A1 Match Licence and FAP terms

Ratio Decidendi

77m's use of INSPIRE polygons was within the scope of the INSPIRE Download Terms and did not infringe OS database rights. However, 77m's use of centroids from the RoS Land Values dataset and addresses from HMLR (via A1 Match Licence and FAP scraping) was outside the scope of the relevant licences and constituted acts of extraction of a substantial part of the protected databases (Topo and AddressBase/NAG), infringing database rights. The statutory defence under Paragraph 3(1) of Schedule 1 to the Database Regulations applied only to the 480,000 FAP addresses manually downloaded and used commercially with HMLR's authority. No estoppel or authority issue arose. The claim for procuring...

Court Disposition

Claim for infringement of database right by use of INSPIRE polygons dismissed; claim for infringement by use of RoS centroids and HMLR addresses (A1 Match, FAP scraping) upheld; claim for procuring breach of contract dismissed.

Orders

  • Declaration that 77m's use of INSPIRE polygons did not infringe OS database rights
  • Declaration that 77m's use of RoS centroids and HMLR addresses (A1 Match, FAP scraping) infringed database rights in Topo and AddressBase/NAG