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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Hi Alex, We are a data supply company and we hold a uk wide

Customer Question

Hi Alex,

We are a data supply company and we hold a uk wide B2B database. One of our clients has asked us to provide data for businesses which are not in an area supplied by the local gas grid. We can get this data from here http://www.xoserve.com/index.php/publications/. The disclaimer in the spreadsheet suggests they authorise any usage of the data, so are we allowed use it in any way. Disclaimer at http://www.meridiandelta.com/copyjustanswers.txt
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Thanks for requesting me - let me take a look and come back to you.
Customer :

Hi Alex

Alex Watts :

I would only add about the information that it is supplied 'as is'.

Alex Watts :

Whilst the information and data in this document is provided to you in good faith, it includes third party provided data which has not been verified. There it is provided 'as is'.

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

Based on the disclaimer are we free to use this data for commercial purposes? Does their wording of the disclaimer mean that they are essentially foregoing asserting any copyright/IP claims on it? Can we essentially resell this data without any worry about them asserting copyright and saying that we are using it in an unauthorised fashion. My reading of the disclaimer is there is no restriction on its usage, so using it in one of our products and for commercial gain would be OK, with the caveat that they do not assert its fitness for that purpose in that some of the data has not been verified. Thanks

Alex Watts :

No, you can't resell it because you have not been given permission. You can only use the data you can not sell it - it still belongs to them and no licence or permission has been given to resell

Alex Watts :

Can I clarify anything?

Customer :

Can we use it as a reference? It is basically a huge list of postcodes and we would use this to match it against our own UK wide database to identify certain businesses. We would not sell the data as is, but use it to identify businesses in an "off gas" area. So we are not reselling it, it is merely a source of data we use to filter our own data. To clarify it is something we would use internally in order to aid us to segment our own copyrighted database, so it would purely be used in house for that purpose, and not be directly sold or transferred to our clients. Thanks Alex, if I can get a definitive yes from you will be popping a £250 tip your way

Alex Watts : You can use it as a reference yes. But sadly you can't sell it if it dies not belong to you.
Alex Watts : If it is used in house there is no issue.
Alex Watts : Does that help?
Alex Watts : Apologies for the overnight delay.
Customer :

Thanks Alex. We have been involved in database/IP rights action when our data has been used without our consent, so are broadly familiar with the legalities. Could you explain the basis in law when you say we are OK to use it for reference purposes. If possible pointing us to a specific part of a specific statute.

Alex Watts :

It would be intellectual property.

Alex Watts :

If someone else owns it, you can't use it without permission.

Alex Watts :

They own it.

Alex Watts :

Does that help?

Customer :

Hi Alex, We do not wish to sell it, we wish to use it as part of an in house process to segment our data which we then sell on to clients. Their file is integral for us to be able to segment it. I was asking when you said we could use it as a reference, how you came to that conclusion, i.e. did you look at a specific part of a specific statute, and if so, could you point us to that so we can ensure that we have communicated to you correctly the specific usage we wish to put this file too.

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