Giovedì 24 settembre 2015, ore 16-18
Via Boggio 65/a, Torino (primo piano)
The presentation deals with the legal protection of databases in Europe. An unfair competition model, as proposed before the enactment of the databases Directive 96/9 turned into a clear copyright model, with the difference that this time, a new sui generis right was instituted to protect not original works of the mind but data collections. The cases that came before the ECJ on the interpretation of the Directive gave the chance to “domesticate”, as Professor Hugenholtz has aptly described, this unruly database right. The Court for a long time limited the application of the Directive to cases where unfair use was truly present. But in 2015, with Ryanair, the Court took an abrupt step to the entirely wrong direction: towards rendering proprietary, at any terms, data that never before one would deem possible to be enclosed as such. The choice is now ours: either we fight, as quickly as we can, to negate the results of this manifestly wrong decision, or we decide that in the EU, there can be no open data, public data, anymore.
Maria Bottis is an Attorney-at-law and an Assistant Professor, School of Information Science and Informatics, DALMS, Ionian University. She graduated from Arsakeion High School of Patras with High Honors (20/20 graduation certificate, first of class) and had been under full tuition scholarship throughout high school. In 1985, she topped the Greek National examinations for entrance in all Universities/all disciplines with 1998 points over 2000, and entered in Athens Law School first. She is a Honors graduate of Athens Law School (graduated first of class). She is a holder of a LL.M degree (Cambridge Law School UK) a LL.M degree from Yale Law School and a PhD on medical information law and ethics from the University of Athens. She was accepted by Harvard Law School for LLM studies in 1993. She was appointed Faculty Fellow at Harvard University, Center for Ethics and the Professions (2000-2001). She has been awarded scholarships from NATO, the Onassis Foundation, IKY (the Greek National Scholarships Foundation), the Rotary Club of Athens, the Yale Law School, Harvard and Clare Hall, Cambridge. More information available at: "http://bottis.ihrc.gr/en/".
- M.J, Davison and P.B. Hugenholtz,
Football fixtures, horse races and spin-offs: the ECJ domesticates the database right, EIPR 113 at 115, 2005
- F. De Santis, ECJ clarifies Database Directive scope in screen scraping case , The Global Legal Post, 27 February 2015
Scarica la versione PDF del comunicato Nexa.
Scarica la versione PDF delle slide di Maria Bottis.