NNSquad - Network Neutrality Squad

NNSquad Home Page

NNSquad Mailing List Information


[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

[ 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 -----