Controller of HM Stationery Office & Anor v Green Amps Ltd

Controller of HM Stationery Office & Anor v Green Amps Ltd

The defendant's use of Ordnance Survey digital maps was not licensed, was for commercial purposes, and did not fall within any statutory defence including fair dealing for non-commercial research. The Re-use of Public Sector Information Regulations do not entitle the defendant to free use, and any complaint about charges must follow the statutory procedure. No other defence is arguable. Judgment is entered for the claimants in default of defence.

Parties
Claimant: The Controller of Her Majesty’s Stationery Office; Claimant: Ordnance Survey; Defendant: Green Amps Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2007
Procedural Posture
Intellectual Property / Judgment on Application for Default Judgment and Strike Out
Outcome
Judgment for claimants in default of defence; defendant's applications dismissed
Legal Topics
Crown Copyright, Breach of Copyright, Fair Dealing, Public Sector Information Reuse, Licensing of Digital Maps
Intellectual Property Copyright Law Crown Copyright Breach of Copyright Fair Dealing Public Sector Information Reuse Licensing of Digital Maps

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Parties

The Controller of Her Majesty’s Stationery Office

Claimant

Ordnance Survey

Claimant

Green Amps Limited

Defendant

Procedural Posture

Intellectual Property / Judgment on Application for Default Judgment and Strike Out

Legal Issues

  1. 1 Whether the defendant's use of Ordnance Survey digital maps infringed Crown copyright
  2. 2 Whether the defendant's use was protected by fair dealing for non-commercial research under section 29 of the Copyright, Designs and Patent Act 1988
  3. 3 Whether the Re-use of Public Sector Information Regulations 2005 limited the claimants' right to charge for use

Ratio Decidendi

The defendant's use of Ordnance Survey digital maps was not licensed, was for commercial purposes, and did not fall within any statutory defence including fair dealing for non-commercial research. The Re-use of Public Sector Information Regulations do not entitle the defendant to free use, and any complaint about charges must follow the statutory procedure. No other defence is arguable. Judgment is entered for the claimants in default of defence.

Court Disposition

Judgment for claimants in default of defence; defendant's applications dismissed

Orders

  • Defendant's applications to strike out, for judicial review, joinder, and interlocutory relief dismissed
  • Judgment entered for claimants; court to hear parties on form of order