In the appeal, the Danish Eastern High Court overturned the preliminary injunction previously granted against the defendant, holding that the plaintiff had not validly opted out of the text and data mining (TDM) exception under the Danish implementation of Article 4(3) of the EU-DSM Directive. The court found that the plaintiffs HTML opt-out in the websites data and data privacy policy did not meet the requirements to be “machine-readable” within the meaning of the DSM-Directive. In the view of the court an opt-out is considered to be machine-readable only if it can not only be captured by a machine but also interpreted by a machine in such a way that the automated processes typically used in scraping recognize the opt-out and, as a result, refrain from using the content. As a result, the defendant was able to successfully rely on the TDM exception, and the preliminary injunction was lifted.