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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).

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