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
Protection of Data
This Just In: SDNY Affirms Hot New Doctrine in AP Case
By Marty Schwimmer on
Posted in Protection of Data
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
…
ESPN Relies on CDM Fanstasy League Case To Renoegiote Licensing Fees
By Marty Schwimmer on
Posted in Protection of Data, Right of Publicity/Privacy
Sports-law Blog: ESPN Relies (in part) on CDM Fantasy League Case To Renegotiate Licensing Fees:
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
…
When Black Friday Comes con’t
By Marty Schwimmer on
Posted in Protection of Data
If warning letters about leaking Wal-Mart’s prices have arrived, can Black Friday be far behind? Via BFADS.net.
“Blogger Ejected From NCAA Baseball Game”
By Marty Schwimmer on
Posted in Protection of Data
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).
Who Owns Baseball Statistics?
By Marty Schwimmer on
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.
Statistics Not Intellectual Property of MLB
By Marty Schwimmer on
Posted in Protection of Data
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…
Who Owns Baseball Statistics?
By Marty Schwimmer on
Posted in Protection of Data
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…
When Black Friday Comes
By Marty Schwimmer on
Posted in Protection of Data
There is now a ‘Black Friday’ ad website industry. More coverage here.
If you’re aware of (legally disclosable) lawsuits or protests arising from the ‘leaking’ of Black Friday pricing data, pass it on.
I, Robot Aggregator
By Marty Schwimmer on
Posted in Protection of Data
ClickZ article re protest by Craigslist re robot aggregator ‘harvesting’ Craigslist content. I’m quoted on some prior case law on ‘data harvesting’ cases.