Database Rights In Customer Information

British Sky Broadcasting Group Plc & Others –v- Digital Satellite Warranty Cover Limited & Others [2011] EWHC 2662 (Ch)

BSkyB alleged that Digital Satellite had infringed its database rights by using substantial quantities of customer data that had been unlawfully be obtained from Sky's customer databases. Digital Satellite used the data to provide service plans for Sky equipment in competition with Sky's authorised provider. Sky claimed database rights in three main databases, its central customer database (known as Chordiant) and historic and current databases used to manage and control the activities of BSkyB's engineers. It claimed that it had invested over £250 million in the development of Chordiant and that it spent over £300 million annually in obtaining and verifying the customer details. It argued that this amounted to "a substantial investment in the obtaining, verification and presentation of the contents" of the databases (the test for database rights). Digital Satellite relied on the BHB decision and claimed that the investment relied on by Sky was...

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