41 Therefore, on the one hand, provided that the selection or arrangement of the data --- namely, in a case such as the one in the main proceedings, data corresponding to the date, the time and the identity of teams relating to the different fixtures of the league concerned (see paragraph 26 of the present judgment)- — is an original expression of the creativity of the author of the database, it is
irrelevant for the purpose of assessing the eligibility of the database for the copyright protection provided for by Directive 96/9 whether or not that selection or arrangement includes «adding important significance» to that data, as
mentioned in section (b) of the referring court's first
question.
But, if no one objects, letting in the evidence can still lead to a reversal on appeal if doing so was «plain error», and the «plain error» or objection preservation analysis on appeal becomes even trickier if the defendant representing himself objects to the evidence coming in, but for the wrong reasons - for example, objecting to inadmissible hearsay on the grounds that it is
irrelevant when it isn't
irrelevant but is inadmissible, but
mentions that the person
questioned «wasn't even there» when the statement was made.