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Sender:
Lionel Smith
Date:
Mon, 28 Feb 2000 11:09:14
Re:
Profitable breaches of contract

 

There is a headnote (but not a judgment, yet) of the Fishel case in New Law Online.

Non-UK members might also be interested to learn that another claim to profits appeared in the weekend newspapers here, relating to "renegade spy" David Shayler, a former MI5 agent who now lives in Paris. The UK government failed in earlier attempts to have him extradited and they are now suing him civilly for breaches of contract, confidence and copyright. There is also a claim against one of the newspapers which published Shayler's allegations/revelations. Accounts of profits are sought against both defendants. The government appears to be arguing that the information supplied by Shayler is crown copyright, which seems a bit ambitious. Can information be copyright, or only a particular manifestation of it? Perhaps the argument is that any time an MI5 agent conveys secret information, the manifestation is ipso facto crown copyright since (s)he is or was a servant of the Crown.

 

Lionel


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