EU Database Reutilization Occurs Where Infringer Intends to Target Members of Public

Infringement of the European Union’s database protection right occurs in any member state an alleged infringer targets in redistributing the contents of a database, the European Court of Justice ruled Oct. 18, upon referral of the matter from the Court of Appeal of England and Wales (Football Dataco Ltd. v. Sportradar GmbH, E.C.J., C-173/11, 10/18/12).

The court rejected an alleged infringer’s argument that the situs of the infringement should be based on the location of an infringer’s server. The plaintiffs noted that it is sometimes difficult to locate such a server with certainty, the court observed. That ...