In Football Dataco Ltd v Stan James and Sportradar [2013] EWCA Civ 27, the Court of Appeal had to consider appeals from the judgment of Floyd J in May 2012. The case concerns the FDC rights in live data about football matches in the English and Scottish leagues.
The Court of Appeal concluded as follows:
(a) There is a sui generis database right in FDC’s Football Live database;
(b) Both before and after defence UK punters extract a substantial part of that database when they use the pop-up facility on the Stan James website;
(c) Both Stan James and Sportradar are joint tortfeasors with the UK punters; and
(d) There are no defences of abus de droit or infringement of Article 10 of the ECHR.
We will have an article on the case next week.
