0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

transmission Impossible?

31 March 2011

This week saw the outcome of Football Dataco’s (the FA Premier League subsidiary) latest court fixture, involving its “Football Live” database, comprising data from matches in progress.

Sportradar, the European-based defendants, provide “live scores” data to UK companies including bet365.

One issue involved “database right”. “Extraction” or “re-utilization” of a qualifying database would infringe this right, and re-utilization as defined includes “transmission”. As UK database right only covers acts within the UK, was Sportradar’s provision of data over the internet (from Austrian servers) extraction or re-utilization within the UK?

Dataco argued that a transmission needs both a sender and receiver, so takes place in both countries. Sportradar says “transmission” occurs only where the data is sent.

Although Sportradar’s view suggests defendants could escape liability just by having overseas servers, theirs is surely the only practical interpretation, given that finding otherwise could mean website proprietors having to comply with copyright laws worldwide.

The Court of Appeal referred the question to the ECJ. You could say all bets are off…

related opinions

High Court finds against WASPI women

The High Court has rejected the judicial review claim brought by the campaign group BackTo60 against the Department of Work and Pensions (DWP).

View blog

Cyber risks – are businesses really ready?

The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.

View blog

Justice must be seen to be done - by video link?

The modernisation of the civil justice system will take a step forward this month with the introduction of a pilot scheme to determine applications via video link.

View blog

Wearable security

How secure is your fitness tracker? (Not to mention your smartwatch, sleep tracker, smart shoe insoles and wearable Bluetooth keyboard). It’s something that many of us give little thought to, but perhaps we should be more concerned.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up