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FW: Danish case on deep linking

From: Henrik Frystyk Nielsen <henrikn@microsoft.com>
Date: Wed, 25 Sep 2002 08:47:02 -0700
Message-ID: <79107D208BA38C45A4E45F62673A434D086183E4@red-msg-07.redmond.corp.microsoft.com>
To: <www-tag@w3.org>


Some background information on the deep linking issue... 

Henrik

-----Original Message-----
From: Henrik Frystyk Nielsen 
Sent: Wednesday, September 11, 2002 10:26
To: 'tag@w3.org'
Subject: Danish case on deep linking



I am sorry for the delay in getting back to you guys on this one. The
original article [0] contains no details about the ruling which makes it
uninteresting to translate. However, there are two pieces of information
that I have found interesting:

First, the translation of pages 29 - 42 of the ruling made by the
Bailiff's Court on 5 July 2002 [3]. This seems to state the Danish
ruling is a result of an implementation of the Database Directive,
Directive 96/9/EC of 11 March 1996 on the Legal Protection of Databases,
the so-called sui generis right. That is, the ruling is based on an EU
directive and apparently the Danish Government is considering taking the
issue up at the EU level.

This explains why there are similar cases in Germany where a judge in
Munich have provided the same ruling for the news service "Newsclub.de"
as in Denmark. In Holland, another ruling involving "Nationale
Vacaturebank" has gone in the other direction, however.

Second, I found the court journal from Copenhagen Court, 24. June 2002
6.10 PM Court journal No. F1-8703/2002 [4] where you can find the
arguments.

There is a bunch of links provided by NewsBooster on the issue at [2].

Hope this helps,

Henrik

[0] http://www.computerworld.dk/default.asp?Mode=2&ArticleID=15247
[2] http://www.newsbooster.com/?pg=inpresseng&lan=eng
[3] http://www.newsbooster.com/?pg=judge&lan=eng
[4] http://www.newsbooster.com/?pg=pressinfo14&lan=eng
Received on Wednesday, 25 September 2002 11:47:38 GMT

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