Football Dataco Ltd & Ors v Stan James Plc & Ors

Football Live is a protected database under the Database Directive due to substantial investment in obtaining and presenting match data. Both pre- and post-defence extraction by UK punters via Stan James' website constitutes infringement of the database right. Stan James and Sportradar are joint tortfeasors with UK punters. No valid defences of freedom of expression or abuse of rights apply.

Parties: Claimant: Football Dataco Ltd and Others; Defendant: Stan James plc and Others; Defendant: Sportradar GmbH and Another
Jurisdiction: England and Wales
Judgment Date: 06 February 2013
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed in part, dismissed in part
Legal Topics: Database Rights, Copyright, Joint Tortfeasorship, Freedom of Expression, Abus De Droit

Intellectual Property Commercial Law Database Rights Copyright Joint Tortfeasorship Freedom of Expression Abus De Droit

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2

Parties

Football Dataco Ltd and Others

Claimant

Stan James plc and Others

Defendant

Sportradar GmbH and Another

Defendant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether Football Live qualifies for sui generis database right under the Database Directive
2 Whether extraction and re-utilisation by UK punters and defendants infringes the database right
3 Whether Stan James and Sportradar are joint tortfeasors with UK punters

Ratio Decidendi

Court Disposition

appeal allowed in part, dismissed in part

Orders

FDC's appeals succeed on joint liability of Sportradar and infringement by users since the date of Sportradar’s Defence
Stan James’ appeal fails