See what I said above:

"I had especially in mind the CSW’s database case, where CSW is making claims based on a sui generis rights recognized by the EU laws. Whatever we can think of the EU laws legitimacy in this area, seeing how they can be leveraged against the interest of the Bitcoin ecosystem, especially we should be more careful of marking “original work” in critical Bitcoin areas the public domain. Systematically closing the doors to future CSW’s like judicial contests."