Contractual restrictions on lawful use of information: sole-source databases protected by the back door?

This article is concerned with the risks associated with the monopolisation of information that is available from a single source only. Although there is a longstanding consensus that sole-source databases should not receive protection under the EU Database Directive, and there are legislative provisions to ensure that lawful users have access to a database’s contents, Ryanair v PR Aviation challenges this assumption by affirming that the use of non-protected databases can be restricted by contract. Owners of non-protected databases can contractually exclude lawful users from taking the benefit of statutorily permitted uses, because such databases are not covered from the legislation that declares this kind of contract null and void. We argue that this judgment is not consistent with the legislative history and can have a profound impact on the functioning of the digital single market, where new information services, such as meta-search engines or price-comparison websites, base their operation on the systematic extraction and re-utilisation of materials available from online sources. This is an issue that the Commission should address in a forthcoming evaluation of the Database Directive.

An assessment of the impact of trees upon archaeology within a relict wetland

An evaluation of a surviving stretch of the Abbot's Way, in the Somerset Levels and Moors, was undertaken to assess the consequences of the previous management regime and inform future management of the site. The scheduled site appeared to have been dewatered and desiccated as a consequence of tree planting and the effects of a deep, adjacent drainage ditch during the previous decade. The evaluation considered the condition of the Neolithic timbers and associated palaeoenvironmental record from three trenches and, where possible, compared the results with those obtained form the 1974 excavation (Girling, 1976). The results of this analysis suggest that the hydrological consequences of tree planting and colonization had a detrimental effect on both the condition of the timbers and insect remains. However, pollen and plant macro-fossils survived well although there was modern contamination. A trench opened outside the scheduled area. where the ground was waterlogged and supported a wet acid grassland flora, revealed similar problems of survival and condition. This almost certainly reflects a period of peat extraction and an associated seasonally fluctuating water table in the 1950s and 1960s; in fact pollen survived better in the scheduled dewatered area. These results are compared with those recovered from the Sweet Track which was evaluated in 1996. Both sites have been subject to recent tree growth but the Sweet Track has been positively managed in terms of hydrology. The most notable difference between the two sites is that insects and wood survived better at the Sweet Track sites than at the Abbot's Way. Insects seem to be a more sensitive indicator of site desiccation than plant remains. It is recommended that any programme of management of wetland for archaeology should avoid deliberate tree planting and natural scrub and woodland generation. It should also take into account past as well as present land use.