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9 J. on Telecomm. & High Tech. L. 313 (2011)
Hot News Misappropriation in the Internet Age

handle is hein.journals/jtelhtel9 and id is 317 raw text is: HOT NEWS MISAPPROPRIATION IN THE INTERNET AGE Eric P. Schmidt* INTRODUCTION ........................................ 313 1. THE CONTEXT AND LAW OF INS........... .......... 317 A. AHN and the Declining Newspaper Industry ......... 319 B. Theflyonthewall and New Challenges to the Hot News Doctrine ............................. ...... 321 II. MISAPPROPRIATION AS AN ALTERNATIVE TO STATUTORY IP LAW .......................... ...... 324 A. Disadvantages of the Misappropriation Doctrine..............329 III. WHAT IS AT STAKE .................................... 335 IV. TOWARD A NEW UNDERSTANDING OF INDUSTRY NORMS ................................................ 339 CONCLUSION ..................................... ...... 342 INTRODUCTION The current battle over piracy of news reports did not begin on the Internet, and the newspaper industry's latest efforts to crack down on unauthorized use of its content have in many ways come full circle. In 1918 The Associated Press (AP) sued International News Service (INS), alleging that the rival news wire engaged in unfair competition by copying AP news from bulletin boards and early editions of member newspapers and reselling it at a profit.' By affirming an injunction against this practice in International News Service v. Associated Press (INS), the U.S. Supreme Court established the common-law doctrine of hot news misappropriation and made several observations relevant to newsgathering in the 21st century. Although Justice Brandeis dissented * J.D. candidate, 2011, University of Colorado Law School. I thank Paul Ohm, Harry Surden, Jenna Seigel, Jennifer McDonald, Meredith Simmons, and the JTHTL staff for their input on this article. 1. Int'l News Serv. v. Associated Press, 248 U.S. 215, 231 (1918). 313

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