77m Ltd v Ordnance Survey Ltd [2019] EWHC 3007 (Ch) (08 November 2019)

77m Ltd v Ordnance Survey Ltd [2019] EWHC 3007 (Ch) (08 November 2019)

Matrix was substantially dependent on A1 property descriptions obtained under the A1 Match Licence, which derived from OS's AddressBase and NAG databases. The use of these descriptions as anchor points for geolocation constituted extraction and re-utilisation of a substantial part of OS's database, infringing...

Source-derived case information.

Citation
[2019] EWHC 3007 (Ch)
Parties
Claimant: 77m Limited; Defendant: Ordnance Survey Limited; Part 20 Claimant: GeoPlace LLP; Part 20 Defendant: The Keeper of Public Records
Jurisdiction
England and Wales
Judgment Date
08 November 2019
Procedural Posture
Intellectual Property Dispute / Final Judgment
Outcome
Claim dismissed; counterclaim for database right infringement upheld.
Legal Topics
Database Right, Copyright, Breach of Contract, Procurement of Breach, Licensing, Public Sector Information, Open Data, Geospatial Data
Intellectual Property Contract Competition Database Right Copyright Breach of Contract Procurement of Breach Licensing +3 more

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Parties

77m Limited

Claimant

Ordnance Survey Limited

Defendant

GeoPlace LLP

Part 20 Claimant

The Keeper of Public Records

Part 20 Defendant

Procedural Posture

Intellectual Property Dispute / Final Judgment

Legal Issues

  1. 1 Whether 77m's Matrix dataset infringes Ordnance Survey's database right or copyright
  2. 2 Whether 77m breached contract terms in acquiring and processing data
  3. 3 Whether Ordnance Survey procured a breach of contract by HMLR

Ratio Decidendi

Matrix was substantially dependent on A1 property descriptions obtained under the A1 Match Licence, which derived from OS's AddressBase and NAG databases. The use of these descriptions as anchor points for geolocation constituted extraction and re-utilisation of a substantial part of OS's database, infringing database right. The INSPIRE Download Terms did not authorise such use. 77m's use of the FAP service for bulk extraction exceeded permitted manual use and amounted to prohibited scraping. OS did not procure a breach of contract by HMLR after September 2016, as the claim was unarguable for earlier periods and not established for later periods.

Court Disposition

Claim dismissed; counterclaim for database right infringement upheld.

Orders

  • Declaration that Matrix infringes OS database right
  • Injunction restraining further infringement