UK: Court of Appeal (England and Wales) – Le informazioni in un database non possono essere oggetto di “possesso”.

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  • (…) Whereas it is possible to transfer physical possession of tangible property by simple delivery, it is not possible to deal with intangible property in the same way. (…).  Indeed, I do not think that the concept of possession in the hitherto accepted sense has any meaning in relation to intangible property. / In addition there are indications elsewhere that information of the kind that makes up a database (usually, but not necessarily, maintained in electronic form), if it constitutes property at all, does not constitute property of a kind that is susceptible of possession or of being the subject of the tort of conversion. (…) The nature of the protection accorded to the makers of databases by the 1988 Act and the Regulations reflects a clear recognition that databases do not represent tangible property of a kind that is capable of forming the subject matter of the torts that are concerned with an interference with possession”.

 

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