Plaintiff publishes “database compilations and market research performance indices known as BanxQuote National Average Money Market and CD Rates.” Defendants allegedly used indices beyond scope of license in offering bank services and Plaintiff moved on a variety of theories including copyright. Defendant moved to dismiss, arguing in part that plaintiff had not validly alleged infringement
Spot the irony in AP’s own report of the decision regarding a decision allowing its ‘hot news’ doctrine action to proceed:
A federal judge has reaffirmed that a 1918 legal doctrine applies in the Internet age by allowing The Associated Press to proceed with a copyright-infringement lawsuit against a company accused of redistributing the news
In today’s edition of Street & Smith’s SportsBusiness Journal (subscription required), John Ourand and Eric Fisher report that ESPN is renegotiating its digital rights deal with MLB Advanced Media, looking to pay a significantly lower fee after finding several
If warning letters about leaking Wal-Mart’s prices have arrived, can Black Friday be far behind? Via BFADS.net.
LexBlog: “Blogger Ejected From NCAA Baseball Game” (Blogs are considered a ‘live representation of the game’ and blogs containing action photos or game reports are prohibited until the game is over).
Glenn Mitchell, head of litigation here, has written, Take Me Out [of] the Ball Game? U.S. District Court Rejects Proprietary Rights in Player Names and Statistics” regarding C.B.C. Distribution v. MLB, a recent decision on who owns baseball statistics, published in the November-December issue of INTA’s The Trademark Reporter.
SI.COM: “Judge: Statistics not intellectual property of MLB”
The decision is up on Pacer:
C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP, Case no. 4:05CV00252MLM (E.D. MO August 8, 2006).
Quick summary: C.B.C. organized fantasy baseball leagues, a ‘paper’ (or online) game where users compiled their own teams consisting…
Via Businessofbaseball.com, via May It Please The Court, a complaint filed by CBC, a vendor of rotisserie (or fantasy) league statistics software and services, against Major League Baseball. Fantasy league sports involve fans drafting their own teams of (real) players and competing based on the statistics of those players. Some media, such as…
ClickZ article re protest by Craigslist re robot aggregator ‘harvesting’ Craigslist content. I’m quoted on some prior case law on ‘data harvesting’ cases.