A couple of weeks ago, I reported on a database publisher who successfully brought a case against a company that tried to copy the database and sell it as its own.  Now there's a very similar case in a different jurisiction that reached a similar conclusion.  Could the tied finally be turning for U.S. database publishers?  Are they finally getting the protection they so desperetaley deserve, and need?  You decide.  

The facts are as follows.  Health Grades develops and distributes ratings of health care providers, such as hospitals, by reviewing various sources of publicly available information and using its own proprietary methodologies to rate these providers using its “1-3-5 Star” rating system.  It publishes the ratings on its website, which is accessible by anyone who first agrees to a click-through agreement. This agreement allows the licensee to view the information and to copy, store and print a single copy of material on the site so long as it is for noncommercial use only and is not re-distributed to others. 

In instances where a third party wants to use the ratings for commercial use or to re-distribute the information to others, Health Grades has reached a separate agreement with the third party.  The revenue from these additional license agreements are what keeps Health Grades in business.

Robert Woods Johnson University Hospital (“RWJ”) is a hospital in New Jersey whose employees accessed the Health Grades website (more then 200 times), agreed to the click-through license agreement, and copied and distributed the ratings Health Grades gave to RWJ in numerous press release and articles in violation of the terms of the license agreement.More...