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The facts of the case are expertly described by Tatiana Synodinou in her comment on the AG’s Opinion and we refer the readers to them. In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis databaseright.
With increased database bytes and memory and less use of paper bundles, it has altered how offices and workplaces operate. A database is a term used to refer to a group of data that has been methodically organized and recorded, either on paper or on any other type of electronic medium, like a computer.
As readers know, many Member States missed the deadline, so in February 2023 the Commission referred 11 of them to the CJEU for failure to fully transpose the Directive. CDSM Directive implementation The CDSM Directive implementation is still far from over. Almost all EU member states have implementesd the Directive into their national laws.
As for the text and data mining exception, the government has decided to introduce a new copyright and databaseright exception which allows text and data mining for any purpose. With respect to the UK computer-generated provision under s.9(3) Stay tuned for a detailed comment on the blog on this front in the coming weeks.
This case relates to the sui generis databaseright and its application to the activity of search engines. This judgment refers to a challenge brought by Public.Resource.Org, Inc. Some interesting preliminary references to the CJEU to look out for include: Stichting Brein. ( CJEU judgments and AG Opinions.
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