Databases and Lawful Users: the chink in the armour
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The article examines the Database Directive, reviewed by the European Commission in 2005, in assessing whether it resulted in increased investment in the industry and if not, why. Waelde goes onto discuss what the possibilities the Database Directive might hold for a lawful user of the contents of a protected database. The focus is as between the maker of the database and the original licensee (rather than further downstream use). Are there any benefits for this group of users in retaining the Directive? Should the interests of this group be considered before final decisions are made on the future of the right?