The underlying claim
4- In this action, Dr Wright claims to be the owner of certain database rights which he says subsist in three databases, namely (i) the Bitcoin Blockchain, (ii) the Bitcoin Blockchain as it stood on 1 August 2017 at 14.11 – up to and including block 478,558 and (iii) another part of the Bitcoin Blockchain made in a particular period (the details of which do not matter for present purposes). Dr Wright also says he (or one of the Claimants) owns the copyright which subsist in (a) the White Paper and (b) what is called in the Particulars of Claim 'the Bitcoin File File Format'.
5- Dr Wright brings this claim because he objects to two 'Airdrops', each of which effected what he terms 'significant' changes to his Bitcoin System and which deviated from the principles and protocols he had created and specified. The first Airdrop occurred on 1 August 2017 and resulted in what Dr Wright calls the BTC Network. Nodes on the Bitcoin Network continued to operate the existing Bitcoin System but the Airdrop effectively created a branch in the chain, so that from block 478,558, the Bitcoin Blockchain continued adding blocks mined by its nodes thereby extending the Bitcoin Blockchain, with the BTC Blockchain running in parallel. The ticker 'BTC' has been adopted for the digital cash system operated by the BTC Network.
6 - The second Airdrop occurred on 15 November 2018 and created another new peer-to-peer network (the 'current BCH Network'), again which Dr Wright says implemented significant changes to his Bitcoin System. So from that date another parallel blockchain emerged, this called the BCH Blockchain. The ticker BCH is used for the digital cash system operated by the BCH Network.
7 - Although Dr Wright says he did not coin the ticker BSV (Bitcoin Satoshi Vision), it is now used to designate the original Bitcoin digital cash system.
8 - Dr Wright's case is that the database rights and copyrights which he/the Claimants own provide a mechanism by which he can prevent the further operation of the BTC Blockchain and the BCH Blockchain without his consent.
9 - Both the BTC Blockchain and the BCH Blockchain contain the Bitcoin Blockchain up to and including block 478,558. Dr Wright's claim is that the operation of the BTC Blockchain and the BCH Blockchain result in the extraction and/or re-utilisation of all or substantial parts of the Databases in which he owns database right
0- The White Paper is included in block 230,009 of the Bitcoin Blockchain. There is no difficulty in literary copyright subsisting in the White Paper. The consequence is that use of the BTC Blockchain and the BCH Blockchain entails reproduction of block 230,009 and reproduction of the entire White Paper, all done, so Dr Wright alleges, without the consent of him as the copyright owner.
1 - I was and am satisfied that the claims in database right and of infringement of copyright in the White Paper raise serious issues to be tried and therefore service out of the jurisdiction of those claims should be permitted. The issue addressed in this Judgment is whether there is a serious issue to be tried regarding the allegations concerning the Bitcoin File Format.
The Bitcoin File Format
2
IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INTELLECTUAL PROPERTY LIST (ChD)
Rolls Building, Fetter Lane
London, EC4A 1NL
7th February 2023
https://www.bailii.org/ew/cases/EWHC/Ch/2023/222.html
4- In this action, Dr Wright claims to be the owner of certain database rights which he says subsist in three databases, namely (i) the Bitcoin Blockchain, (ii) the Bitcoin Blockchain as it stood on 1 August 2017 at 14.11 – up to and including block 478,558 and (iii) another part of the Bitcoin Blockchain made in a particular period (the details of which do not matter for present purposes). Dr Wright also says he (or one of the Claimants) owns the copyright which subsist in (a) the White Paper and (b) what is called in the Particulars of Claim 'the Bitcoin File File Format'.
5- Dr Wright brings this claim because he objects to two 'Airdrops', each of which effected what he terms 'significant' changes to his Bitcoin System and which deviated from the principles and protocols he had created and specified. The first Airdrop occurred on 1 August 2017 and resulted in what Dr Wright calls the BTC Network. Nodes on the Bitcoin Network continued to operate the existing Bitcoin System but the Airdrop effectively created a branch in the chain, so that from block 478,558, the Bitcoin Blockchain continued adding blocks mined by its nodes thereby extending the Bitcoin Blockchain, with the BTC Blockchain running in parallel. The ticker 'BTC' has been adopted for the digital cash system operated by the BTC Network.
6 - The second Airdrop occurred on 15 November 2018 and created another new peer-to-peer network (the 'current BCH Network'), again which Dr Wright says implemented significant changes to his Bitcoin System. So from that date another parallel blockchain emerged, this called the BCH Blockchain. The ticker BCH is used for the digital cash system operated by the BCH Network.
7 - Although Dr Wright says he did not coin the ticker BSV (Bitcoin Satoshi Vision), it is now used to designate the original Bitcoin digital cash system.
8 - Dr Wright's case is that the database rights and copyrights which he/the Claimants own provide a mechanism by which he can prevent the further operation of the BTC Blockchain and the BCH Blockchain without his consent.
9 - Both the BTC Blockchain and the BCH Blockchain contain the Bitcoin Blockchain up to and including block 478,558. Dr Wright's claim is that the operation of the BTC Blockchain and the BCH Blockchain result in the extraction and/or re-utilisation of all or substantial parts of the Databases in which he owns database right
0- The White Paper is included in block 230,009 of the Bitcoin Blockchain. There is no difficulty in literary copyright subsisting in the White Paper. The consequence is that use of the BTC Blockchain and the BCH Blockchain entails reproduction of block 230,009 and reproduction of the entire White Paper, all done, so Dr Wright alleges, without the consent of him as the copyright owner.
1 - I was and am satisfied that the claims in database right and of infringement of copyright in the White Paper raise serious issues to be tried and therefore service out of the jurisdiction of those claims should be permitted. The issue addressed in this Judgment is whether there is a serious issue to be tried regarding the allegations concerning the Bitcoin File Format.
The Bitcoin File Format
2
IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INTELLECTUAL PROPERTY LIST (ChD)
Rolls Building, Fetter Lane
London, EC4A 1NL
7th February 2023
https://www.bailii.org/ew/cases/EWHC/Ch/2023/222.html
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