Earlier this week we reported on a ‘hot news’ ruling from March 2010, in which Barclays, Merrill Lynch, and Morgan Stanley won a victory in the federal district court, resting on the “hot news” doctrine, that stops republication of the companies’ stock recommendations by the site flyonthewall.com.
Here’s an update from the Reporters Committee for Freedom of the Press, stating that a number of media organisations have filed a ‘friend of the court’ brief for the appeal (not in support of any party):
More than a dozen media organizations are urging a federal appeals court to recognise that “hot news” misappropriation claims are an important legal remedy to protect news organizations’ content from internet aggregators that do not conduct original reporting.
Agence France-Presse, The Associated Press, The New York Times and The Washington Post are among the organizations that joined a friend-of-the-court brief filed Tuesday with the U.S. Court of Appeals in New York City (2nd Cir.) in the case Barclays Capital v. Theflyonthewall.com.
From the Reporters’ Committee for Freedom of the Press last week: “A federal court in New York on Tuesday refused to dismiss a lawsuit by The Associated Press that claims a competing news service, All Headline News Corp., misappropriated its news content by drafting stories based on AP reports.” The AP had filed suit against a company, which it claims copied and rewrote AP stories. Full story at this link…
“A Virginia-based blogger is fighting a subpoena that seeks the identities of everyone who viewed an online article he wrote about a defamation lawsuit”, the Reporters Committee fro Freedom of the Press reports, via the Citizen Media Law Project.