Football Dataco Ltd & Ors v Sportradar GmbH & Anor

Football Dataco Ltd & Ors v Sportradar GmbH & Anor

The English court has jurisdiction over the database infringement claims as the claimants' pleadings sufficiently allege joint tortfeasorship with UK entities, and the heart of the claim is database infringement. The copyright claim fails as the alleged copied material is mere data, not intellectual creation. The interpretation of 'extraction' and 're-utilisation' under the Database Directive is not acte clair and is referred to the Court of Justice of the European Union.

Parties
Claimant: Football Dataco Ltd; Claimant: The Scottish Premier League Ltd; Claimant: The Scottish Football League; Claimant: PA Sport UK Ltd; Defendant: Sportradar GmbH; Defendant: Sportradar AG
Jurisdiction
England and Wales
Judgment Date
29 March 2011
Procedural Posture
Intellectual Property / Appeal and Cross Appeal From Chancery Division Judgment
Outcome
Defendants' appeal concerning jurisdiction dismissed; claimants' appeal referred to CJEU; direct liability claims stayed pending reference; joint tortfeasorship claims proceed.
Legal Topics
Database Rights, Copyright, Jurisdiction, Joint Tortfeasorship, Brussels Regulation, Database Directive
Intellectual Property Civil Procedure European Union Law Database Rights Copyright Jurisdiction Joint Tortfeasorship Brussels Regulation +1 more

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Parties

Football Dataco Ltd

Claimant

The Scottish Premier League Ltd

Claimant

The Scottish Football League

Claimant

PA Sport UK Ltd

Claimant

Sportradar GmbH

Defendant

Sportradar AG

Defendant

Procedural Posture

Intellectual Property / Appeal and Cross Appeal From Chancery Division Judgment

Legal Issues

  1. 1 Whether the English court has jurisdiction over database infringement claims against foreign defendants
  2. 2 Whether the claimants' pleadings sufficiently allege joint tortfeasorship for database right infringement
  3. 3 Interpretation of 'extraction' and 're-utilisation' under the Database Directive

Ratio Decidendi

The English court has jurisdiction over the database infringement claims as the claimants' pleadings sufficiently allege joint tortfeasorship with UK entities, and the heart of the claim is database infringement. The copyright claim fails as the alleged copied material is mere data, not intellectual creation. The interpretation of 'extraction' and 're-utilisation' under the Database Directive is not acte clair and is referred to the Court of Justice of the European Union.

Court Disposition

Defendants' appeal concerning jurisdiction dismissed; claimants' appeal referred to CJEU; direct liability claims stayed pending reference; joint tortfeasorship claims proceed.

Orders

  • Reference to Court of Justice of the European Union on interpretation of 'extraction' and 're-utilisation' under Database Directive
  • Stay of direct liability claims for database right infringement