We have talked informally to some lawyers, some of them specialists in the relevant fields. Basically the understanding I was previously describing was confirmed, but more importantly there has been only a small number of cases testing out the implementation of the European database directive (and the ECJs cases were curtailing the scope of the sui generis protection, see British Horseracing Board v William Hill, Fixtures v Oy Vekkaus, and others).

The US situation is much simpler, as there are no such database rights, and also the Feist v Rural case, which constraints rights on such data widely.

But besides that, yes, we also have formally requested an assessment on the discussed topics (and a bit beyond) from lawyers, but this will take a while until we have the results. Once we have them we will share them.

Cheers, Denny

2012/12/12 Sven svenmanguard@gmail.com

The WMF has lawyers. Why not ask Geoff for an official statement?

Sven

On Dec 12, 2012, at 8:27 AM, Harry Burt jarry1250@gmail.com wrote:

(sorry, don't have the proper subject line to hand)

Are proper lawyers being consulted about this (database rights)? The quantity of unofficial speculation on this list is in good faith but still somewhat concerning...

Harry

-- Harry Burt (User:Jarry1250)

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On 12/12/12 15:18, Denny Vrandečić wrote:

We have talked informally to some lawyers, some of them specialists in the

...

relevant fields. Basically the understanding I was previously describing was confirmed, but more importantly there has been only a small number of cases testing out the implementation of the European database directive (and the ECJs cases were curtailing the scope of the sui generis protection, see British Horseracing Board v William Hill, Fixtures v Oy Vekkaus, and others).

...

[...]

...

But besides that, yes, we also have formally requested an assessment on the discussed topics (and a bit beyond) from lawyers, but this will take a while until we have the results.

Once we have them we will share them.

...

That's very good to hear. Knowing that professionals have been consulted does help set my mind at rest. I look forward to reading their assessment in due course.

Avenue