Plaintiff organizes chess tournaments and webcasts them live. Defendant provides a live feed of the games displayed on a virtual chess board. Plaintiff alleged that Defendant’s actions constituted ‘hot news misappropriation’ under New York common law. See complaint below.
Preliminary injunction denied (decision immediately below). The information that defendant publishes, including the players’ moves, consists of factual data in the public domain. Defendant was not free-riding on plaintiff’s webcast, as it secured the factual information from secondary sources. Like the defendant in NBA v Motorola, defendant expends its own resources to collect purely factual information.