http://www.juliansanchez.com/2009/07/01/hot-news-and-the-war-on-paraphrase/ Just another geek in the geek kingdom Thu, 09 Feb 2012 05:38:37 +0000 hourly 1 http://wordpress.org/?v=3.2 http://www.juliansanchez.com/2009/07/01/hot-news-and-the-war-on-paraphrase/comment-page-1/#comment-8261 Julian Sanchez Thu, 02 Jul 2009 07:15:28 +0000 http://www.juliansanchez.com/?p=3369#comment-8261 Eh. Blogger sells ads, revenue is based on traffic, traffic is based on having breaking news quickly, blogger with lots of breaking news acts as a substitute for the local paper (or its website)... not that I want to see this doctrine expanded, but it doesn't seem like a huge stretch. Eh. Blogger sells ads, revenue is based on traffic, traffic is based on having breaking news quickly, blogger with lots of breaking news acts as a substitute for the local paper (or its website)… not that I want to see this doctrine expanded, but it doesn’t seem like a huge stretch.

]]> http://www.juliansanchez.com/2009/07/01/hot-news-and-the-war-on-paraphrase/comment-page-1/#comment-8260 southpaw Thu, 02 Jul 2009 03:23:03 +0000 http://www.juliansanchez.com/?p=3369#comment-8260 I believe one of the elements of a "hot news" infringement claim, as it survives today, is the plaintiff's showing that the defendant's use of the "misappropriated" information is in direct competition with a product or service offered by the plaintiff (i.e. a rival news wire can't leach off the substance of the AP's hot news stories, but a stock broker is free to profit from them). I imagine it would be a stretch to say that most online outlets are in direct competition with newsgathers (though some certainly are). I believe one of the elements of a “hot news” infringement claim, as it survives today, is the plaintiff’s showing that the defendant’s use of the “misappropriated” information is in direct competition with a product or service offered by the plaintiff (i.e. a rival news wire can’t leach off the substance of the AP’s hot news stories, but a stock broker is free to profit from them). I imagine it would be a stretch to say that most online outlets are in direct competition with newsgathers (though some certainly are).

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