Leading Norwegian publisher Dagens Næringsliv both won and lost its case against MMO (and PDLN member) Retriever in December. While they secured a e0,6m judgment against Retriever for using summarising their content, the court ruled that the activity was simply a failure of good marketing practice (“an unreasonable exploitation of another's efforts or results”), not a breach of copyright or misuse of trademark, as the newspaper had alleged. Retriever is also naturally unhappy to have lost. This leaves the unlikely outcome of both sides appealing the verdict. The backdrop was Retriever ending a licensing agreement as it felt it was too expensive and switching to summaries. The court noted that as it was summarising the whole paper, the practice was unfair, it was considered to “an unreasonable exploitation of another's efforts or results”. However, the court did not rule against Retrievers crawling of the publisher’s website or summarising of print articles.  The suggestion that some could be summarised and the open web content be crawled freely also irritated the publisher. “This unfortunate situation is mainly due to the unwillingness to find a solution out of court”, says Retriever Group CEO, Robert Söderling.