Jumat, 04 Februari 2005

Infringers Telephone Band Planet Ace's Bluff


Planet Ace Ltd v Hendon Mob in addition to others was decided yesterday in addition to noted on the LexisNexis All England Direct subcription-only service. Planet ran a website, supported past times a database, which provided detailed statistical in addition to other information on aspects of the game of poker which was continuously updated. The Hendon Mob, admitting it took information from Planet's website for the utilization of constructing its ain website, gave undertakings to halt infringing the copyright inwards Planet's database. Planet in addition to then applied for an interim fellowship that the Hendon Mob get got downward the database from their website, disceptation that the copying of information from its database had been therefore extensive that the Mob's database was therefore inherently infected past times that fabric that it was incapable of effective separation; this existence so,the Mob would inevitably turn a profit from Planet's investment inwards constructing its database. The Court had ii consider ii issues: (i) had the Mob fully expunged Planet's fabric from their database in addition to (ii) what relief was Planet probable to obtain at trial?

Mr Justice Evans-Lombe dismissed Planet's application: although Planet had shown at that spot was a serious illustration to survive tried, the residual of convenience pointed away from making the injunction sought. If Planet succeeded at trial, the almost viable in addition to probable final result would survive an honor of damages. If injunctive relief the were ordered, it would almost probable survive a "springboard injunction", to halt the Mob gaining an wages over other businesses inwards the same area, since Planet did non get got a monopoly inwards the information it provided, it existence available from other sources.

Never play poker alongside a cat: their faces never reach away their thoughts ...

sees this equally roughly other of those "help yourself in addition to merely pay a reasonable royalty" type cases that tin strength out brand deliberate infringement appear quite an attractive concern alternative for people who don't generate their ain information in addition to materials.

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Keeping a poker human face upward here and here

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