This construction is intended to ensure the effective functioning of the right and to avoid misappropriation. Utilization is a broad concept that covers all forms of making a database or its contents available to the public. It comprises both tangible and intangible dissemination and diffusion, including the distribution of physical copies and all forms of transmission by wire or wireless means. Broadcasting and cable transmissions, whether subscription-based or not, may also be utilization of a database. The purpose for this is to make a distinction between relevant utilization and non-relevant communication between private parties.
Utilization includes making available to the public by any means.
No list of examples can be exhaustive. A database may be made available to the public even in the absence of any direct or indirect commercial advantage or financial gain.