Ultrasoft Technologies Ltd v Hubcreate Ltd [2016] EWHC 544 (IPEC) (16 March 2016)

Ultrasoft Technologies Ltd v Hubcreate Ltd [2016] EWHC 544 (IPEC) (16 March 2016)

Only UBC, due to an isolated error, had access to the Ultrasoft files on Hubcreate's server; there was no evidence that any other customer had such access. Therefore, Hubcreate did not infringe Ultrasoft's copyrights or database rights beyond the admitted acts.

Citation
[2016] EWHC 544 (IPEC)
Parties
Claimant: Ultrasoft Technologies Limited; Defendant: Hubcreate Limited
Jurisdiction
England and Wales
Judgment Date
16 March 2016
Procedural Posture
Intellectual Property Infringement / Trial Judgment
Outcome
Claim dismissed beyond admitted infringement
Legal Topics
Copyright Infringement, Database Rights, Software Licensing
Intellectual Property Copyright Infringement Database Rights Software Licensing

Case Brief

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Parties

Ultrasoft Technologies Limited

Claimant

Hubcreate Limited

Defendant

Procedural Posture

Intellectual Property Infringement / Trial Judgment

Legal Issues

  1. 1 Whether Hubcreate's restoration and hosting of Ultrasoft's SQL files amounted to issuing copies to the public or communicating to the public under the Copyright, Designs and Patents Act 1988
  2. 2 Whether Hubcreate's actions constituted extraction or re-utilisation of a substantial part of Ultrasoft's databases under the Copyright and Rights in Databases Regulations 1997
  3. 3 Whether any statutory defences under sections 50A-50D of the Act or regulation 19 of the Database Regulations applied

Ratio Decidendi

Only UBC, due to an isolated error, had access to the Ultrasoft files on Hubcreate's server; there was no evidence that any other customer had such access. Therefore, Hubcreate did not infringe Ultrasoft's copyrights or database rights beyond the admitted acts.

Court Disposition

Claim dismissed beyond admitted infringement