[ST] Judge orders Virtual Map to end SLA copyright breach

[aezoh]

Reading the ODEX thread, seems like nobody caught this, so I'm posting it. If it's a repost, please delete.

I was pretty surprised when I read it in ST that day. All those who kenna sued by VM back in '04 will be keeping up with this with interest. Maybe even preparing their suits now.

Aug 8, 2007
Judge orders Virtual Map to end SLA copyright breach
By K.C. Vijayan
A DISTRICT court yesterday ruled that Virtual Map (Singapore)'s online maps on www.streetdirectory.com had breached the Singapore Land Authority's (SLA) copyright.

The judge also ordered the company to destroy or deliver up all infringing material.

In her 131-page reserved judgment, District Judge Thian Yee Sze also held that Virtual Map should stop 'dealing in maps which are reproductions of SLA's street directory vector data and address point vector data', among other things.

The judge further ordered an inquiry into the damages due to SLA.

Depending on what SLA wants, a court registrar could ask for an account of Virtual Map's profits.

Virtual Map (VM) is an online map firm which also develops and publishes location-based software and systems. There are hundreds of small and medium enterprises who pay a fee each time they reproduce maps from its website.

As publisher of the popular website www.streetdirectory. com, it was originally a licensee of the SLA for certain data - like street address points and directory points, which the SLA claimed copyright to.

But, although its licence from SLA was terminated in July 2004, VM's maps continued to appear on its websites.

SLA's position had been that VM no longer had the SLA's consent to reproduce the maps.

VM's case had been that its maps were not substantial reproductions of the SLA's works.

The company had also maintained that even if there were similarities, infringement did not happen because there was an implied term in its contract that allowed the company to keep and create maps even after the licence deal lapsed.

The company also argued that its maps from Aug 9, 2004, were created independently using other methods like the Global Positioning System points, satellite images and ground surveys.

District Judge Thian disagreed.

She said VM's improvement and 'beautification' of its online maps was 'no mean feat' but this was a separate issue from whether its online maps were the products 'of its own independent creation'.

The judge said that VM could not 'escape the truth' that its map-creating process was heavily dependent on SLA's data because SLA's information had provided the 'skeleton' for VM's online maps.

She also rejected VM's defence that SLA knew that it provided maps for a fee - and therefore SLA had implicitly approved.

Lawyers from Drew & Napier represented SLA, while VM was defended by counsel from Rodyk & Davidson.

Copyright © 2007 Singapore Press Holdings. All rights reserved.

http://www.straitstimes.com/Free/Sto...ry_146508.html

[roychang]

Thanks aezoh, I didn't know the verdict of this case was so recent. This is karma coming to bite them in the a$$.

[apollo]

aiya... pay $$ can settle one.

dun think SLA wanna them close shop unless they offended some well connexted elite

[sigh]

It was not supposed to be chargeable to the public, which VM did. SLA was meant to provide the information to the public FOC. Just so comes along VM who was thinking of providing Singapore map on the web and then make money from advertisement.

Down the road, either the advertisement path didn't work out or that VM got greedy, VM started to charge $$$ for map data extracted from their website. That is when SLA started to get pissed off.

I agree they shortest distance is a VM value add. But the underlying map is part of SLA's IP and it was meant to be free to public.

[TomStrong]

So what comes around goes around?

[olo]

Its all a cycle.

All in the same family. Only happens in sillypore because our law is too slow to catch up on IP.

[palmdude]

VM is appealing .. so let see whats gonna happen..

[Bedokian]

The site is still around but the map search has been taken out.

[sigh]

The site is still around but the map search has been taken out.

Eh? Still can leh. I search via postal code, still show me the map what.

[nash_1126]

but nowadays VM super duper slow leh... i tink i open my Street Directory Book and find faster sia...

[Bedokian]

Eh? Still can leh. I search via postal code, still show me the map what.

At 11+ this morning cannot....

Now can.

Hmmm......

[radioactive28]

Even if VM complies, any idea how they're going to prove that they're no longer using infringing material? A map is a map after all, topographical features don't change.

[TomStrong]

well, not all maps are alike, right? surely it's easy to overlay and see if the drawings fit exactly? esp, the size of lines, font, etc etc.

[Prodi9y]

hoho.... Down liao...

http://www.streetdirectory.com/

[roychang]

Sorry Streetdirectory.com service is currently unavailable.
We apologize for the interruption in our service. We will back shortly.

Hmm...