Caselex1. The struggle for access to and reuse of case law

2. MEPSIR conclusions

EPSIplus Danish national meeting

Marc de Vries

Copenhagen, 27 November 2008

• Collection of important national court cases linked to European community law

• allowing for free movement of case law so that legal community in Europe can benefit from the application of EU law across borders

2

What is Caselex?

National scope before Caselex European scope after Caselex

Demo

www.caselex.com

Caselex process

PROCESS

adding value by editors

Caselex database

INPUT OUTPUTCase law

courts

Govt

Law firm

unis

Access to and re-use of case law (2006)

• Sourcing is essential• Patchwork of

regimes• Different re-use

conditions from country to country– Conditions vary:

copyright, sui generis, pricing

– Lack of (standard) licenses

• State of flux & organised ”chaos” in managing public sector information resources

Our response and our wishlist• Redress is too costly, too time

consuming• Do not bite the hand that feeds you• Get around it, rather than climb it

• It is down to Member States to act• Take clear decisions and stick to it• Make sure PSCHs comply• Do not regulate, lead!

Caselex offer

Free access for all participants for 1 month!

– grab a Quick Guide and flyer – register yourself, or– send me an email, and I will do it for you

Contact

CASELEX SARL

Marc de Vries

Marc.devries@caselex.com

+ 31 653897002

MEPSIR Study

DirectiveEU Treaty Objectives

Study Review

Evaluate and Adapt

Impact Assessment

MEPSIR was about impact assessment: what is the effect of the Directive on the value chain?

One of the conclusions: you can not compare the different subdomains of PSI, they all seem to move in their own pace and direction

INPUTINPUT

PSI Value Chain

IMPACT

Effects on the market

Impact assessment aspects

Direct impact drivers Not directly affected

1. What pricing principles are applied?

2. Is the pricing accountable?

3. Are the data and metadata accessible?

4. Are the data supplied in a re-usable format?

5. Are the data supplied in time?

6. Are there redress possibilities?

7. Are there standard licences?

8. Are equal terms given?

9. Are there exclusive deals?

PSI characteristics1. Is the production in the

core of the public task or more in the outskirt?

2. How many governments are involved?

3. Are there substitutes for the PSI?

4. Are there private sector bodies producing the same raw data?

5. Are the data volatile?6. Is the quality key? 7. Does it concern high risk

data?8. Is there a final

consumption date?

Market characteristics1. What is the market

structure? 2. Are there entry

barriers?3. Market size in

numbers and number of re-users

4. Buying power re-users5. Is it a need to have or

nice to have product?

6. What is the spending power of the (re-) users?

7. What is the buying frequency

8. What are the consumer roles (who pays, who uses, who influences?)

Sensitivity of the framework conditions (accessibility, transparency, terms, exclusivity)

Internal factors

Impact o

f the e

xte

rnal e

lem

ents:

sort o

f PSI, ro

le g

overn

ment, m

arke

t serv

ed

Extern

al factors

Directive has Low impact Directive has high impact

High

The playground 1(e.g. legal information)

- Traditionally only production was public task

- Government steps in and forward in value chain

- Technology is driver, not the Directive

- Many exclusive deals in place

- Existing oligopolistic players counter attack

Battlefield(e.g weather information)

- High value, mass markets- real time delivery is key- Position based on production

infrastructure, - Position of government disputed:

Public companies + exclusive deals- Private sector is moving backwards in

value chain

Low

Closed shop(e.g. cadastral information)

- High Risk, high value- Production is core public

task - Entire value chain publicly

dominated- Price elasticity is low- Terms for reuse transparent

under public scrutiny

The playground 2(traffic information)

- By product of public task- PSI was made available for free

already- Mass market, real time need- Government steps out- New business models are applied