Squirreled away on page 61 of the detailed, 90-page opinion handed down earlier this month in Barclays Capital Inc. v. Theflyonthewall.com[FOOTNOTE 1] is a statement that will make intellectual property lawyers do a double-take: “[E]ven if true, it is not a defense to misappropriation that a Recommendation is already in the public domain by the time Fly reports it.”
If that sentence does not seem surprising, give it another look. Under New York law, in certain limited circumstances, it is possible to “misappropriate” information that is already in the public domain. To understand why, and what the implications are for business models that rely on content aggregation, it is necessary to examine one of the strangest torts in intellectual property law — the misappropriation of “hot news.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]