Court backs database owner in live football data case

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Court backs database owner in live football data case

Football Dataco has won its latest battle with bookmakers over the protection of live data relating to English and Scottish football matches, with a judge describing the defendants’ activities as “commercial piracy”

The decision, given by the England & Wales Court of Appeal yesterday, is Football Dataco v Stan James and Sportradar.

Football Dataco, which was set up by the relevant football leagues, compiles a database called Football Live. It includes live data such as goalscorers, penalties and red cards for a wide range of football matches.

In the litigation, Football Dataco said that the database costs £600,000 a year to compile and it claimed to own a sui generis database right in it.

Sportradar provides statistics to third parties such as bookmakers which it calls Live Scores. This includes data on football matches which is extracted in part from Football Live.

The case raised a number of issues regarding jurisdiction, database protection, liability and defences. It was further complicated in that Sportradar changed its practice after the litigation was started, so as to include less data for the lower-division matches.

The jurisdiction questions were referred to the Court of Justice of the EU, which ruled last October that the UK courts have jurisdiction where an overseas party intends to target members of the UK public. Sportradar subsequently conceded that it has that intention as it sells data to Stan James, a bookmaker.

In the meantime, Mr Justice Floyd ruled on the substantive issues in the case last May. Both parties appealed aspects of the decision.

The Court of Appeal yesterday ruled in favour of Football Dataco, with Sir Robin Jacob writing the judgment.

He found that there is a sui generis database right in the Football Live database; that UK punters extract a substantial part of it when using a pop-up on the Stan James website; and that both Stan James and Sportradar are joint tortfeasors.

He also rejected the defendants’ arguments under Article 10 of the European Convention on Human Rights as “hopeless” saying: “The plain fact is that Sportradar is extracting a substantial part of the Football Live data without paying and Stan James are paying not FDC but Sportradar for the data collected by FDC.”

Football Dataco was represented by barristers James Mellor QC and Lindsay Lane and law firm DLA Piper.

Stan James was represented by Geoffrey Hobbs QC, Philip Roberts and Olswang while Michael Silverleaf QC, Hugo Cuddigan and Bird & Bird acted for Sportradar.

more from across site and SHARED ros bottom lb

More from across our site

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article