4 ms·

I think that your interpretation is slightly off and Nielsen might have actual teeth here (again to remind everyone this is UK, in the US Nielsen would be in th

I think that your interpretation is slightly off and Nielsen might have actual teeth here (again to remind everyone this is UK, in the US Nielsen would be in the wrong). The supermarket owns the database rights to their online store, which it then exclusively licensed (as far as I know) to Nielsen for re-use of third parties. Regardless of your emotions here (and personally I'm disappointed that this is happening), this is UK law and Nielsen and the supermarkets are correct here. If Trolley instead walked physically in stores and then manually collect the data and bought products to shoot photos of* then they have teeth as they have exerted effort into independently create their own database. * This is now plain copyright law which raises questions, like if the manufacturer-in-question can stop Trolley from publishing those photos (while Trolley owns the copyright on the photo itself, there are de minimis considerations when it comes to the packaging design which is copyrighted by the manufacturer). It might pass fair dealing though.

Joeri 4y ago
Then the onus is still on Nielsen to demonstrate an exclusive license. Otherwise they have no standing when trolley scrapes the sites directly, because only the original copyright holder (the stores) may enforce that. The pictures are the real red flag. Unless a photograph is bundled with a cc license one always needs to assume somebody will need to grant permission for its reuse, and often that will be for compensation. Trolley should have known this.
- logifail 4y ago
  > Trolley should have known this It is entirely possible that Trolley were completely aware of this issue, but decided to ignore it and proceed anyway. How often do we see the phrase "Ask forgiveness, not permission" get quoted on HN?
  - goldcd 4y ago
    That idiom might be useful - until you stray near lawyers.
phpisthebest 4y ago
>>again to remind everyone this is UK, in the US Nielsen would be in the wrong So then would not the simpler solution be to shut down UK operations and start up US operations via a US Legal entity?

Joeri 4y ago

Then the onus is still on Nielsen to demonstrate an exclusive license. Otherwise they have no standing when trolley scrapes the sites directly, because only the original copyright holder (the stores) may enforce that. The pictures are the real red flag. Unless a photograph is bundled with a cc license one always needs to assume somebody will need to grant permission for its reuse, and often that will be for compensation. Trolley should have known this.

logifail 4y ago
> Trolley should have known this It is entirely possible that Trolley were completely aware of this issue, but decided to ignore it and proceed anyway. How often do we see the phrase "Ask forgiveness, not permission" get quoted on HN?
- goldcd 4y ago
  That idiom might be useful - until you stray near lawyers.

phpisthebest 4y ago

>>again to remind everyone this is UK, in the US Nielsen would be in the wrong So then would not the simpler solution be to shut down UK operations and start up US operations via a US Legal entity?