4 ms·

the EU database directive only protects databases that are the result of a "substantial investment". That means that in practice only databases that are not a s

by rgj 13y ago

the EU database directive only protects databases that are the result of a "substantial investment". That means that in practice only databases that are not a side effect of the core activities of the creator are protected. A course database would not qualify for protection under the database directive since the core activity is teaching, and not publishing courses online.

pbhjpbhj 13y ago
>in practice only databases that are not a side effect of the core activities of the creator are protected // Presumably that assertion is based on caselaw as I see nothing in the Directive itself that says that. A substantial investment - but note that can be qualitative and/or quantative - is in Art7(1)¹ however. If your assertion is true then databases could be simply compiled by an offshoot company in order to meet the requirements. ¹ -- http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0009:EN:HTML http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:... --- Edit: http://www.out-law.com/page-5698 http://www.out-law.com/page-5698 gives a run-down including some caselaw (as does http://www.out-law.com/page-392 http://www.out-law.com/page-392 with more caselaw detail). It doesn't tally with what you're saying exactly but suggests that the investment needs to be in the compilation of the data, not the production. It might well be argued that this [theoretical] case would be akin to the "Judgments on the Fixtures Marketing lawsuits" and so like the football league match listings not warrant protection. However it seems it's rather difficult to be generic in judgement. Any part of law that says "substantial" appears to be well-placed to let lawyers earn their keep.
- pgeorgi 13y ago
  I think the only place where you'll find actual case law in Europe is the UK. The other countries don't let judges make law (except in some cases, at their supreme court equivalent).

by rgj 13y ago

pbhjpbhj 13y ago

>in practice only databases that are not a side effect of the core activities of the creator are protected // Presumably that assertion is based on caselaw as I see nothing in the Directive itself that says that. A substantial investment - but note that can be qualitative and/or quantative - is in Art7(1)¹ however. If your assertion is true then databases could be simply compiled by an offshoot company in order to meet the requirements. ¹ -- http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0009:EN:HTML http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:... --- Edit: http://www.out-law.com/page-5698 http://www.out-law.com/page-5698 gives a run-down including some caselaw (as does http://www.out-law.com/page-392 http://www.out-law.com/page-392 with more caselaw detail). It doesn't tally with what you're saying exactly but suggests that the investment needs to be in the compilation of the data, not the production. It might well be argued that this [theoretical] case would be akin to the "Judgments on the Fixtures Marketing lawsuits" and so like the football league match listings not warrant protection. However it seems it's rather difficult to be generic in judgement. Any part of law that says "substantial" appears to be well-placed to let lawyers earn their keep.

pgeorgi 13y ago
I think the only place where you'll find actual case law in Europe is the UK. The other countries don't let judges make law (except in some cases, at their supreme court equivalent).