Mr Lilley entered into a contract with DMG to supply a number of articles which appeared in these publications between 1996 and March 2004. After the articles had appeared in DMG’s publications, DMG authorised two companies, the Gale Group “Gale” and EBSCO, to publish Mr Lilley’s articles. Mr Lilley alleged that these authorisations constituted an infringement of his copyright in these articles, and claimed damages in the mammoth region of £798,728,820 from DMG.
- this was a flat fee rather than a royalty fee per publication;
- DMG is entitled to provide copies to the distributors; and
- Lilley Information Systems Limited (Mr Lilley’s company) is not now entitled to vary the original agreement and claim royalty payments from DMG.
“An abuse of process is of concern not merely to the parties but to the court. It is no longer the role of the court simply to provide a level playing field and to referee whatever game the parties choose to play upon it. The court is concerned to ensure that judicial and court resources are appropriately and proportionately used in accordance with the requirements of justice.”
|Billion pound Kat|