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In Thumbnails III, the German Federal Supreme Court (‘BGH’) held that the depiction of so-called thumbnails of pictures available from the internet does not constitute an act of copyright infringement, unless the search engine operator had knowledge of the fact that the copyrighted material had been illegally uploaded. The BGH further stressed that, with regard

Machine-generated data is a hot commodity, but who owns this information? As more and more valuable data are generated, should there be legislation to establish ownership and, potentially, access rights? The European Commission conducted a public consultation, “Building a European Data Economy,” to find out.

The consultation addressed key factors, such as the question to what extent digital non-personal machine-generated data are traded and exchanged. The Commission also wanted to determine whether the changing technological landscape warrants the formation of an ownership-type right to machine-generated data.

The “Building a European Data Economy” consultation ended in April 2017. The European Commission has not yet released a final report with conclusions, but a preliminary summary was made public. The summary indicates that several participating businesses were concerned over the right to data.
Continue Reading Europe Explores Data Ownership

Data: The new oil. Does anyone own this asset? If no, does the digital economy call for the creation of a right to data? Reed Smith IP partner Anette Gärtner co-authored an in-depth analysis titled “Let’s Talk about Data Ownership,” published in the current issue of the European Intellectual Property Review.

The analysis focuses