NNSquad - Network Neutrality Squad
[ NNSquad ] Hot News Doctrine Gets New Life
----- Forwarded message from Dave Farber <dave@farber.net> ----- Date: Fri, 19 Mar 2010 15:20:41 -0400 From: Dave Farber <dave@farber.net> Subject: [IP] Hot News Doctrine Gets New Life Reply-To: dave@farber.net To: ip <ip@v2.listbox.com> Begin forwarded message: > From: Paul Levy <plevy@citizen.org> > Date: March 19, 2010 1:33:48 PM EDT > To: dave@farber.net > Subject: Hot News Doctrine Gets New Life > > A federal judge in New York has breathed new life into the hoary "hot > news" doctrine, holding that an online news service that specialized in > obtaining information about stock recommendations by financial services > firms and reporting them quickly both infringed the firms' copyrights by > quoting too extensively from the recommendations, and violated the "hot > news" doctrine by "misappropriation" of the fact that "buy" or "sell" > opinions had been expressed. > > This same theory has been used by major media organizations to shake a > stick at online new sites, aggregators and search engines such as > Google, yet I wonder whether entities like the Associated Press will be > entirely pleased by the notion that they, too, could be sued for > reporting the content of stock opinions arrived at by financial > services firms. Many of us worry, indeed, that the propertization of > facts and opinions poses a serious threat to intellectual freedom. It > appears that the case will go up to the Second Circuit, which has > previously expressed the opinion that the hot news doctrine could be > viable, and indeed has laid out a test for applying the doctrine, but > has never enshrined the doctrine in a binding holding that actually held > a defendant liable under the doctrine. > > I discuss this case here: http://pubcit.typepad.com/clpblog/2010/03/the-hot-news-doctrine-rides-again.html > > >> >> >> Paul Alan Levy >> Public Citizen Litigation Group >> 1600 - 20th Street, N.W. >> Washington, D.C. 20009 >> (202) 588-1000 >> http://www.citizen.org/litigation > ------------------------------------------- Archives: https://www.listbox.com/member/archive/247/=now RSS Feed: https://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com ----- End forwarded message -----