In the judgment of Mr Justice Laddie such an interpretation would create an unacceptable flaw in the Directive. It is the duration of database right that is renewed with substantial investment. No new database is created. Any searchable collection of independent works will qualify as a 'database'. Database right can be infringed by indirect extraction or reutilisation.
Information is reutilised despite modification if it remains essentially the same information.
Alteration is not a prerequisite to obtaining a renewed database right. Substantial investment is the only relevant factor. In contrast to database copyright, database right can protect the content of the database. The form of compilation is only relevant to determining the existence of the right, not what it protects. The importance of the data to the user must be considered in assessing the 'substantiality' of the information extracted or reutilised.