[x-pubpol] Online database infringement occurs both where sent and received

[Joly MacFie]

or so it does in the mind of the Euro Advocate General, drawing on
broadcasting law..

http://the1709blog.blogspot.co.uk/2012/06/online-database-infringement-occurs.html

The Advocate General considered that "The act of sending [the data] by
> Sportradar … is one of the necessary component parts of [the act of making
> available to the public] and…must therefore be regarded… as being in the
> nature of ‘re-utilisation’".  He expanded on this by saying "the term
> ‘re-utilisation’ would include the collection of acts which, in this case,
> starting with the ‘sending’ of data from Sportradar’s server and ending
> with the acts performed by the betting companies, culminates in the
> customers of those companies having access to the data sent".


He went on to explain the policy reasons behind his conclusion, that "In
> the context of the internet, the categories of ‘emission’ and ‘reception’
> become highly relative as criteria for determining the ‘location’ of the
> points between which there is an act of communication. Categories based on
> concepts, such as time and space, the meaning of which becomes highly
> ambiguous in the world of virtual reality, are rendered ineffective by the
> networked configuration of a global communication medium".



conclusion...

"If followed by the court, the Opinion will bring good news to database
> right and copyright owners throughout Europe. While it was expressed as
> limited to the EU database right, it is hard to see why the logic behind it
> would not apply equally to copyright infringement on the web. Its
> implications are that website owners will not be able to escape the
> jurisdiction of the national courts of the content owner by locating
> themselves in a jurisdiction where it is more difficult for them to be
> sued".


-- 
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