For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Wednesday, 13 July 2005

WILLIAM HILL FIRST PAST THE POST


The Court of Appeal's ruling in British Horseracing Board v William Hill Organization Ltd has just been posted on BAILII. The decision, given by Lord Justice Jacob (with whom Lords Justices Clarke and Pill agreed), was that William Hill's appeal had to be allowed in the light of the European Court of Justice's ruling in Case C-203/02 .

In short, the BHB -- the governing authority of the British racing industry -- complained that its database right had been infringed. The BHB maintained a computerised collection of information (the BHB database) which was constantly updated with the latest information, including racing information. William Hill provided betting services over the internet. The BHB objected that William Hill made unlicensed use of that data in its internet business. At trial, Laddie J upheld the claim and granted BHB a permanent injunction against infringement. William Hill appealed to the Court of Appeal, which referred to the European Court of Justice various questions on the meaning of Art.7 of Directive 96/9, which states:

"Member States shall provide for a right for the maker of a database which shows that there has been qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents to prevent extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database.".
BHB submitted that its database came within the right described in Art.7(1), while William Hill was adamant that it did not. After the ECJ's ruling, which was favourable to the position taken by William Hill, the case returned to the Court of Appeal, which ruled that, so far as BHB's database consisted of the officially identified names of riders and runners in horse races, it was not within the sui generis right of Art.7(1). The same reasoning applied where BHB published lists of provisional runners prior to final declarations as to who was running. There too, what was published was different in character from a mere list of gathered information: it was a list of the horses the claimant had accepted as qualifying to race.

The IPKat senses a certain reluctance on the Court of Appeal's part, but wonders whether there's much legal scope for an appeal to the Horse of Lords ...

BHB's reaction here
Reports here from the BBC and Sporting Life

5 comments:

August said...

Hi,

I just across sites and found that your Blogs are amazing.

Do you know, your blog can generate extra income by posting Google Adsense? If you ever know about Adsense, you understand to get hundreds of dollar per month is not an easy way. One of the most important is to generate massive traffic.

Few days ago, I found a very useful software that will generate hundreds of back links to our website. Do you know why back links is so important to generate traffic?
Yes, you are right! back links will jump up your position in search engine! If your position gets higher from day to day, you'll find your traffic increase significantly as well.

That software is Blog Link Generator!

This software so powerful. You even do not need to create links directory in your site. Is that sound good? You put your link in other's website, but you never put a link back to their site?

Visit www.LinkInBlog.com now and I so confident you'll never sorry.

Brian said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a direct email list marketing site/blog. It pretty much covers direct email list marketing related stuff.

Come and check it out if you get time :-)

Anonymous said...

Hey, you have a great blog here! I'm definitely going to bookmark you! The information and Internet marketing product evaluations that you provide are great for beginner webmasters.

Now, I have a related ecommerce internet solution for business site/blog. It pretty much covers ecommerce internet solution for business related stuff. In addition, I supply the secrets that I used to make $12,124 from Google Adsense last month.

Come and check it out if you get time :-)

Brian said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a free safelist submitter site/blog. It pretty much covers free safelist submitter related stuff.

Come and check it out if you get time :-)

Anonymous said...

Advertising can be a big problem otherwise. A lot of companies reserve a big chunk of their budgets to cover marketing expenditures.

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':