1. Caselex 1. The struggle for access to and reuse of case law 2. MEPSIR conclusions EPSIplus Danish national meeting Marc de Vries Copenhagen, 27 November 2008

2. 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 CaselexEuropean scope after Caselex

3. Demo www.caselex.com

4. Caselex process PROCESS adding value by editors Caselex database INPUTOUTPUT Case law court s Gov t Law firm unis

5. 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

6. 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!

7. 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

8. Contact CASELEX SARL Marc de Vries Marc.devries@caselex.com + 31 653897002

9. MEPSIR Study Directive EU 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

10. INPUT PSI Value Chain IMPACT Effects on the market Impact assessment aspects Direct impact driversNot 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 characteristics 1. 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 characteristics 1. What is the market structure? 2. Are there entry barriers? 3. Market size in numbers and number of re-users 4. Buying power re-users 5. 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?)

11. Sensitivity of the framework conditions (accessibility, transparency, terms, exclusivity) Internal factors Impact of the external elements: sort of PSI, role government, market served External factors Directive has Low impactDirective 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